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2025 DAILYLAW 132470 (ALL)

Smt. Jyoti Rastogi v. STATE OF U.P. THRU PRIN.SECY. FINANCE LUCKNOW AND ORS.

WRIC/3285/2025 · 2025-04-07

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19421-DB Court No. - 2 Case :- WRIT - C No. - 3285 of 2025 Petitioner :- Smt. Jyoti Rastogi Respondent :- State Of U.P. Thru Prin.Secy. Finance Lucknow And Ors. Counsel for Petitioner :- Praveen Chandra Counsel for Respondent :- C.S.C.,Brajendra Amiy Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner wants physical possession of the secured asset from the opp. party Nos. 2 and 3, as she claims to be the auction-purchaser. Sri Akshay Bajpai, learned counsel for the opp. party No. 3/Bank does not dispute the fact that the petitioner is the auction-purchaser, but says that on account of an order passed by the District Consumer Forum, Hardoi staying implementation of the order dated 18.7.2024 passed under Section 14 on the ground that the land in question was of less than 10 lacs, therefore, the D.R.T. did not have jurisdiction, the physical possession has not been handed over to the Bank in the first place, which in turn could not be handed over to the petitioner, however, he also informs that the revision is pending before the State Consumer Forum against the order of the District Consumer Forum dated 16.2.2024, which bears Revision No. 105 of 2024. We request the State Consumer Disputes Redressal Forum, U.P., to kindly dispose of the revision of the Bank positively within 2 months, unless there is any legal impediment, in which case this court be informed. If nothing happens in 2 months, the petitioner or the Bank may again approach the Court. With the above observations/directions this writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 7.4.2025/A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench