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2025 DAILYLAW 124002 (ALL)

ARJUN PRASAD VISHVKARMA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE AND 4 OTHERS

WRIC/1524/2025 · 2025-02-17

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10070-DB Court No. - 2 Case :- WRIT - C No. - 1524 of 2025 Petitioner :- Arjun Prasad Vishvkarma Respondent :- State Of U.P. Thru. Prin. Secy. Revenue And 4 Others Counsel for Petitioner :- Amrendra Singh Counsel for Respondent :- C.S.C.,Ankit Srivastava Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Sri Shyam Kumar Rai, Advocate, is present on behalf of opp. party Nos. 3 and 4 by filing his vakalatnama, which is taken on record. The petitioner had taken loan from the opp. party No. 5, which is a private Housing Finance Company. The matter went in arbitration and the Arbitration award has been passed, as informed by Sri Shyam Kumar Rai, learned counsel for the opp. party Nos. 3 and 4. In pursuance to the orders passed in proceedings for execution of the said award, account of the petitioner with the opp. party Nos. 3 and 4 has been seized. Learned counsel for the petitioner could not rebut the aforesaid facts. We fail to understand as to how a writ petition under Article 226 of the Constitution of India is maintainable on the issue involved. It is an absolute misuse of the process of the Court. The petition is ill-advised. It is hereby dismissed, without prejudice to the rights of the petitioner to pursue other remedies, available to him under law. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 17.2.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench