Writ of prohibition not available to stop SARFAESI possession proceedings absent patent jurisdictional error or natural justice breach.

A writ of prohibition will not lie to restrain action under Section 14 of the SARFAESI Act unless there is a patent lack or excess of jurisdiction, violation of natural justice, or unconstitutional action. The court noted that the District Magistrate's role is to assist the secured creditor in taking possession of the secured asset, and that the statutory concepts of secured asset, secured debt, and security interest are broad enough to cover the mortgage created in favour of the bank. A challenge based on the petitioner's limited interest in the property did not defeat the authority's jurisdiction, and the writ petition was dismissed.

---

---

Issues: Whether a writ of prohibition could be issued to restrain the District Collector-cum-District Magistrate from proceeding under Section 14 of the SARFAESI Act on the ground that the petitioner had only a life interest and no transferable title capable of creating a security interest.

Analysis: The petitioner had executed a memorandum for deposit of title deeds and the bank had proceeded under the SARFAESI framework after default. The Court noted that Section 14 empowers the District Magistrate to assist the secured creditor in taking possession of the secured asset, and that the statutory definitions of secured asset, secured debt, and security interest are broad enough to cover the mortgage created in favour of the bank. The contention based on Section 6 of the Transfer of Property Act was rejected because the writ petitioner had already joined in the creation of security and the authority was acting within the scope of the statute. A writ of prohibition lies only where there is a patent lack of jurisdiction, excess of jurisdiction, violation of natural justice, or action under an unconstitutional law, none of which was made out.

Conclusion: The request to prohibit the statutory authority from proceeding was untenable and the writ petition was dismissed.

Ratio Decidendi: A writ of prohibition will not issue to stop a statutory authority from acting under Section 14 of the SARFAESI Act unless patent want of jurisdiction, excess of jurisdiction, violation of natural justice, or unconstitutionality is shown; a mere challenge to the underlying security arrangement does not suffice.

---