HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.16981 of 2011 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) Heard learned counsel appearing on either side. This writ petition is filed seeking to issue a writ of Mandamus declaring the sale notice-sale by tender-cum- open auction issued by the first respondent-bank, published in Indian Express Daily Newspaper, dated 15.02.2011, proposing to conduct the auction on 2.03.2011 as illegal and arbitrary. The petitioners appear to be third party purchasers, by virtue of sale deeds, from the persons who mortgaged their respective properties to the respondent-bank, and are claiming title over a portion of the land which is proposed to be sold on auction. The bank under the mortgage deeds is also claiming title over the total property which is proposed to be put to auction. The dispute involved in this writ petition appears to be a question of fact, which cannot be gone into and resolved by this Court exercising the powers conferred under Article 226 of the Constitution of India. Accordingly, in the circumstances, and also following the law laid down by the Supreme Court in Kanaiyalal Lalchand Sachdev and others V. State of Maharashtra and others[1], the writ petition is dismissed, at the stage of admission. However, the petitioners are at liberty to approach the Debts Recovery Tribunal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, seeking the appropriate relief. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED ___________________________ JUSTICE K.G.SHANKAR​ 22nd June 2011 DR [1] 2011(2) SCC 782