ALI HUSAIN AND ANOTHER v. DISTT. MAGISTRATE LKO. AND 2 OTHERS
WRIC/4183/2025 · 2025-05-02
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137323 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137323 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25461 Court No. - 6 Case :- WRIT - C No. - 4183 of 2025 Petitioner :- Ali Husain And Another Respondent :- Distt. Magistrate Lko. And 2 Others Counsel for Petitioner :- Ashish Kumar Pandey,Aman Agarwal Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner and learned Standing Counsel.
2. The present petition has been filed with the following prayer:
"i. Issue a writ order or direction in the nature of certiorari thereby quashing the impugned order dated 26.03.2025 passed by the Chief Judicial Magistrate, Lucknow in Misc Case No. 1503 of 2025 "Ali Husain Versus Mahindra Rural Housing Finance Ltd" under section-14 of SARFAESI Act 2002 Police Station-Gudamba, District-Lucknow and order dated 03.05.2024 passed by the Chief Judicial Magistrate, Lucknow in Case No. 37903 of 2024 "Mahindra Rural Housing Finance Ltd Versus Sagir Ali Husen and others" under section-14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and possession notice dated 05.03.2025 and the notice under section-13(2) of SARFAESI Act as contained in Annexure No. 1,2,3 and 8 to this writ petition."
3. Considering the fact that the efficacious remedy is prescribed before the DRT under the SARFAESI Act, the present petition is disposed off permitting the petitioner to approach the DRT for the relief as prayed before this Court. Order Date :- 2.5.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench