M/S UPKAR FILING STATION THRU. PROPRIETOR MR. BECHOO KHAN @ BEECHU KHAN AND 2 OTHERS v. DISTRICT COLLECTOR/DISTRICT MAGISTRATE DISTRICT AMETHI AND 2 OTHERS
WRIC/848/2025 · 2025-01-30
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120097 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120097 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6469-DB Court No. - 2 Case :- WRIT - C No. - 848 of 2025 Petitioner :- M/S Upkar Filing Station Thru. Proprietor Mr. Bechoo Khan @ Beechu Khan And 2 Others Respondent :- District Collector/District Magistrate District Amethi And 2 Others Counsel for Petitioner :- Sanjai Srivastava,Shweta Gupta Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard.
2. Auction sale has been notified as a measure taken under SARFAESI Act, 2002 by opposite party no.3-Bank.
3. In such matter the remedy if any at all for the borrower is to approach the D.R.T. concerned under Section 17 of the Act, 2002 and if any such proceedings are pending then to pursue the same by filing an application for interim relief. However, at this stage, it is submitted that Presiding Officer hears the case through video conferencing and is stationed at Jabalpur and the case is not being taken up.
4. As the auction is fixed for 06.02.2025, we direct the Presiding Officer of the D.R.T. at Allahabad where S.A. No.1056 of 2024 is pending to consider the application for interim relief of the petitioner and pass orders thereon as per law by 05.02.2025. This order has been passed in presence of Sri Ankit Gautam, Advocate holding brief of Sri Prashank Kumar Srivastava, learned counsel for opposite party no.3- Bank. Apart from the above, no other relief can be granted in proceedings under Article 226 of the Constitution of India.
5. With these observations/ direction, the petition is disposed of.
6. Copy of this order be provided to the parties today itself on payment of usual charges. (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 30.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench