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2025 DAILYLAW 144958 (ALL)

BABA DA DHABA THRU. PROPRIETOR RAM JI NIGAM AND ANOTHER v. STATE OF U.P. THRU. SECY. FINANCE LKO AND 2 OTHERS

A227/3798/2025 · 2025-06-03

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34383 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3798 of 2025 Petitioner :- Baba Da Dhaba Thru. Proprietor Ram Ji Nigam And Another Respondent :- State Of U.P. Thru. Secy. Finance Lko And 2 Others Counsel for Petitioner :- Atul Kumar Mishra,Ashish Kumar Singh,Pal Singh Yadav Counsel for Respondent :- C.S.C.,Shyam Kumar Ray Hon'ble Manjive Shukla,J. 1. Heard Shri Pal Singh Yadav, learned counsel appearing for the petitioners, learned Chief Standing Counsel appear for the respondent no.1 and Shri Shyam Kumar Ray, learned counsel appearing for the respondent nos.2 and 3. 2. The instant petition under Article 227 of the Constitution of India has been filed with the following prayer: "i. To pass an appropriate order or direction, setting aside the letter dated 20.05.2025 issued by Additional City Magistrate II, Lucknow by which fixing date for taking possession on 03.06.2025, contained in Annexure no.2 to this petition. ii. To pass an appropriate order or direction, setting aside the order dated 27.04.2023 passed by learned Additional District Magistrate (Judicial) Lucknow in Case No.6598 of 2022, computerized case No. D202210460006598; Fullerton India Credit. Company Ltd versus Baba Da Dhaba and others contained in Annexure No. 1 to this petition. iii. To pass an order or direction in the nature of Mandamus, directing the respondents bank not to take any coercive measures in pursuance of order dated 27.04.2023 and letter dated 20.05.2025 till disposal of the interim application of Securitisation application. iv. To pass an appropriate order or direction, directing the learned Tribunal to consider and decide the interim relief application of petitioners forthwith within stipulated time. v. any other order or direction which this Hon'ble court may deem, fit, just and proper may also kindly be passed in favour of the applicants. vi. to allow the petition with costs" 3. Learned counsel appearing for the petitioners has submitted that a notice had been issued by the Additional City Magistrate- II, Lucknow on 28.05.2025 whereby, the respondents are scheduled to take possession of the property in question on 03.06.2025. It has further been submitted that the petitioners had already filed a Securitisation Application bearing Diary No.1233 of 2025 before the D.R.T., Lucknow and in that, an application for urgent hearing had also been filed on 02.06.2025. 4. Shri Shyam Kumar Ray, learned counsel appearing for the respondent nos.2 and 3, at the very outset, has submitted that today's schedule for taking possession of the property in question had been postponed therefore, now the petitioners can press their urgency application before the D.R.T., Lucknow. 5. In view of the aforesaid facts and circumstances, no interference is required by this Court in this petition. However, liberty is given to the petitioners to press their urgency application filed before the D.R.T., Lucknow in Securitisation Application bearing Diary No.1233 of 2025. 6. The instant petition is disposed of. Order Date :- 3.6.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench