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2025 DAILYLAW 14464 (ALL)

AMIT KUMAR AND ANOTHER v. ADDITIONAL DISTRICT MAGISTRATE AND 2 OTHERS

WRIC/3170/2025 · 2025-04-30

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68641-DB Court No. - 40 Case :- WRIT - C No. - 3170 of 2025 Petitioner :- Amit Kumar And Another Respondent :- Additional District Magistrate And 2 Others Counsel for Petitioner :- Ajay Singh,Shaleen Gupta Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for parties. This is a writ petition under Article 226 of the Constitution of India, which contains the following primary prayers: "i) issue a writ, order or direction in the nature of certiorari to quash the order dated 29.04.2024 (Annexure No. 1 to the writ petition). ii) issue a writ, order or direction in the nature of mandamus directing the respondent Dewan Housing Finance Corporation Ltd. to recover the entire loan amount from the petitioners in easy installments." Upon perusal of the documents and after hearing the counsel for the parties, it is crystal clear that the writ petition is misconceived as the writ petition has been filed against a finance company viz. a private company. It is pertinent to mention and is clear that the High Court is not the appropriate forum to file a writ petition with regard to financial transactions, against a private party, wherein the incumbent/petitioner does not pay interest within time. Accordingly, the writ petition is dismissed with liberty granted to the petitioners to approach the appropriate forum for redressal of their grievances. Order Date :- 1.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad