PAVANJAY TRIPATHI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 4 OTHERS
WRIC/933/2025 · 2025-01-30
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121066 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121066 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6477-DB Court No. - 2 Case :- WRIT - C No. - 933 of 2025 Petitioner :- Pavanjay Tripathi And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 4 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard.
2. The contention of petitioners' counsel is that the Bank has given an undertaking before the Debts Recovery Tribunal in SA No. 307 of 2024 on 18.07.2024 that though the date for taking physical possession of the property in question is fixed on 19.07.2024, but, the respondent Bank/Civil Authority is not going to take physical possession on 19.07.2024 and whenever, they will go to take physical possession, they shall serve notice of 15 days.
3. However, we find that the impugned notice is dated 13.01.2025 and 15 days' notice was given to the petitioners during which they would have approached the Debts Recovery Tribunal, but, they have chosen not to do so, instead they have filed this petition on 28.01.2025 i.e. immediately on expiry of 15 days' notice period. Petitioners may pursue the remedies before the DRT. If any application is filed, it may be considered, if possible, tomorrow through video conferencing or otherwise as the case may be.
4. The petition is disposed of.
5. Copy of the order shall be provided to the parties on payment of usual charges, today. [Brij Raj Singh, J.] [Rajan Roy, J.] Order Date :- 30.1.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench