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2025 DAILYLAW 145126 (ALL)

SUNIL KUMAR LODHI AND ANOTHER v. STATE OF U.P. THRU.ITS PRIN. SECY. DEPTT. OF REVENUE LKO. AND 6 OTHERS

WRIC/5752/2025 · 2025-06-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34660-DB Court No. - 2 Case :- WRIT - C No. - 5752 of 2025 Petitioner :- Sunil Kumar Lodhi And Another Respondent :- State Of U.P. Thru.Its Prin. Secy. Deptt. Of Revenue Lko. And 6 Others Counsel for Petitioner :- Baljeet Singh Counsel for Respondent :- C.S.C.,Gopal Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. Heard learned Counsel for the petitioner, learned Standing Counsel for the State and Shri Anurag Srivastava, learned Counsel for the opposite party no. 7. The petitioners claiming themselves to be co-sharers / co- owners of the land which the Bank claims to be a secured asset, have challenged an order passed under Section 14 of the S.A.R.F.A.E.S.I. Act, 2002. The remedy, if at all, is before the Debt Recovery Tribunal under Section 17 of the S.A.R.F.A.E.S.I. Act, 2002 and not before this Court, especially as, it is the case of the Bank that they are not the co-owners anymore because the entire property has been sold off by the father in favour of one of the sons i.e. the borrower, and thereafter, the petitioner illegally got his name mutated in respect of a part of the said property. The writ petition is disposed of with liberty to pursue the remedy aforesaid. Order Date :- 5.6.2025 Lokesh Kumar [Praveen Kumar Giri, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench