Neutral Citation No. - 2025:AHC-LKO:36988-DB Court No. - 2 Case :- WRIT - C No. - 5728 of 2025 Petitioner :- Mahesh Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Shravan Kumar Counsel for Respondent :- C.S.C.,Sharad Kumar Shukla Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Short Counter affidavit filed on behalf of the opposite party is taken on record. Heard. On 06.06.2025, this Court had passed the following order:- "1. Let the District Magistrate, Barabanki, show cause as to why he has issued a notice dated 9.4.2025 to the borrower, which is not required to be issued except for handing over physical possession after an order has been passed under Section 14 of SARFAESI Act, 2002, in violation of our judgements dated 25.10.2024 passed in Writ C No. 8867 of 2024 (Bank of Baroda Vs. State of U.P. and 8 others) and 14.11.2024 passed in Writ C No. 9723 of 2024 (Pnb Housing Finance Ltd. Lko. Thru. Authorised Representative Mr. Surya Prakash Mishra vs. State of U.P. and others). 2. List the matter on 1.7.2025 as fresh. 3. Shri Ashish Saxena, learned Standing Counsel, shall communicate our judgments aforesaid to the said officer who shall go through the same and then respond as we have discussed various decisions of Hon'ble the Supreme Court in the said judgments and, as informed, our judgments have also been circulated to the concerned officials by the Chief Secretary, Government of Uttar Pradesh." The District Magistrate, Barabanki has filed his affidavit. An order has been passed by him under Section 14 of the S.A.R.F.A.E.S.I. Act, 2002 on 25.06.2025. He has submitted an apology for acting contrary to the judgments referred in our order dated 06.06.2025, which we accept. As regards, actual handing over of possession to the petitioner, it is informed that now notice has been issued to the petitioner for handing over the possession and the matter shall be concluded at the earliest as per law. So far as, the petitioner is concerned, he is the borrower, and has challenged the notice dated 29.05.2025 which should not have been issued to him in the first place in view of our judgments referred in the order dated 06.06.2025. The remedy for the petitioner is to approach the Debt Recovery Tribunal in terms of the said judgments referred in our order dated 06.06.2025 under Section 17 of the S.A.R.F.A.E.S.I. Act, 2002, and seek such relief as may be permissible in law. We leave it open for the petitioner to avail the aforesaid remedy. Our order is without prejudice to the same. Needless to say that any action by the District Magistrate, Barabanki will be without prejudice to such right of the petitioner to avail the remedy aforesaid. The writ petition is accordingly disposed of. Order Date :- 1.7.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench