SONI KUMARI v. STATE OF U.P. THRU. FINANCE SECY. LKO AND 2 OTHERS
WRIC/2369/2025 · 2025-03-10
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127540 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127540 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14304-DB Court No. - 2 Case :- WRIT - C No. - 2369 of 2025 Petitioner :- Soni Kumari Respondent :- State Of U.P. Thru. Finance Secy. Lko And 2 Others Counsel for Petitioner :- Sourabh Rastogi Counsel for Respondent :- C.S.C.,Arvind Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. A car loan had been taken by the petitioner, which she could not repay, therefore, auction proceedings have been initiated by the opposite party No.2, who is an officer of UCO Bank. The contention of learned Counsel for the petitioner is that the opposite party-Bank has violated terms of the hypothecation agreement and the vehicle was towed away illegally. This would involve adjudication of factual dispute, which cannot be done under Article 226 of the Constitution of India. These matters are not amenable to writ jurisdiction. The petitioner may avail other remedies whether under the civil or criminal law, as the case may be.
3. With the aforesaid observations, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 10.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench