I AFTAB ALAM, had participated in the public auction for purchase of a house under SARFAESI ACT 2002 done by SBI Main Branch, Begusarai on 27.12.2011 and paid all the amount i.e Rs. 551000/- (Five Lakh Fifty One Thousand only) on 27.12.2011 on which auction has been finalised by Bank. Then State Bank of India, Main Branch Begusarai given me the SALE Certificate according to rule 9(6) of SARFAESI ACT 2002 of that house. When I demanded physical possession of that house from bank I came to know that the previous defaulter borrower of the bank and the previous owner of that house Mr. Faiyazul Haque, Moh- pokharia, ward No-35, Begusarai the borrower with his family is residing in that house illegally after unlocking the sealed property just few days after sealing the house i.e just after 29.07.2011. The Chief Manager, SBI Main Branch, begusarai given a request letter dated: 23.01.2012 to Town Police Station Incharge for taking the lawful action against Mr. Faiyazul Haque for the criminal activity done by him and for the vacation of that house but till today only F.I.R had been lodged against Mr. Faiyazul haque vide registered case no- 50/2012 dated: 03.02.2012 in town P.S and further no any more action had been taken by police or by Begusarai administration for the vacation of that house for giving me the possession of that house. Sir I want to know that is it not a crime that a house is being sealed by the order dated: 21.02.2011 of District Magistrate, Begusarai through appointment of magistrate and with the help of police force on 29.07.2011 and had been sold through public auction by Bank on 27.12.2011 and Mr. Faiyazul Haque broke that seal and started to live in that house? And is there no any way to vacate that house which is illegally captured by Mr. Faiyazul Haque even after F.I.R. No- 50/12 dated: 03.02.2012 had already been lodged? Sir i want to know that Begusarai Administration/ Police/ SBI Bank have no rule regulations for the vacation of that house. Sir if Mr. Faiyazul Haque will take the bail in this case and after that he will still live in that sealed house then what I should do for the vacation of that house please advice me. If Administration, Police and the reputed banks like State Bank of India will not support the bidders to give the Physical Possession of the auctioned property done by any govt. organisation then will any bidder participate in auctions like this?
Therefore you are requested to kindly arrange to give the possession of the House as soon as possible so that I had not to suffer please.
For this kind act I will always be thankful to you.
Detail of the House is given below:-
Khata No- 04, Khesra No- 60, 61, Tauzi No- 617/2246
Area-06 Dhoor In Moh- pokharia, ward no-35, Distt.+ Po.+ P.s- Begusarai
On the North by: - Pakka Road (6 ft. Width)
On the South by: - Land of Panchu Miyan
On the East by: - Residance of Panchu Miyan
On the West by: - Open Land of Panchu Miyan
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