IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.4939 of 2009 With C.W.J.C. No.5267 of 2009 ANIMA CHOUDHARY & ANR Versus THE BANK OF INDIA & ORS ----------- For the petitioners: Mr. Gautam Kejriwal,Advocate. For the respondent Bank: Mrs. Namrata Mishra, Advocate. 9 20.8.2009 The petitioners are aggrieved by the notice issued under section 13 (2) of the SARFAESI Act. 2002 as well as Exercise of power under section 13(4) of the Act so far as it relates to attachment of Agricultural properties. The learned counsel submits that the aforesaid order is in gross violation of section 31 (i) of the said Act, 2002. Learned counsel submits that the petitioner may be permitted to file objection before the authorities concerned under section 13 (3-A) of the Act. The counsel for the respondent Bank states that the petitioner had already preferred objection which was rejected by the Bank. The learned counsel submits that the attachment of agriculture properties under section 31(i) of the Act touches the jurisdictional root in view of section 31(i) of the SARFAESI Act. After hearing the learned counsel for the parties this writ application is disposed of with observation that the petitioners would be at liberty to file an application before appropriate forum for redressal of their grievance. In the meantime, no coercive action would be taken against - 2 - them for a period of four weeks from today. Anilkr Sinha (Samarendra Pratap Singh,J).