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2025 DAILYLAW 124053 (ALL)

VIVEK KUMAR MISHRA v. AXIS BANK GOMTI NAGAR LKO. THRU. AUTHORIZED OFFICER AND ANOTHER

WRIC/1837/2025 · 2025-03-03

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12475-DB Court No. - 2 Case :- WRIT - C No. - 1837 of 2025 Petitioner :- Vivek Kumar Mishra Respondent :- Axis Bank Gomti Nagar Lko. Thru. Authorized Officer And Another Counsel for Petitioner :- Ashok Kumar Srivastava,Girja Shankar Yadav Counsel for Respondent :- Amit Jaiswal Ojus Law Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Power filed today by Shri Amit Jaiswal, Advocate on behalf of opposite party No.1 and 2 is taken on record. 2. Heard learned Counsel for the petitioner and Shri Amit Jaiswal, learned Counsel for the opposite party No.1 and 2. 3. The opposite party No.1 and 2 are private parties, a writ of mandamus against them is not maintainable. The petitioner may pursue other remedies whether under the civil or criminal law especially as the allegation is that opposite parties have illegally taken possession of the vehicle, which had been financed by them and this will involve a factual inquiry, which cannot be gone into under Article 226 of the Constitution of India. 4. With the aforesaid observations, the writ petition is dismissed. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 3.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench