Neutral Citation No. - 2025:AHC-LKO:36325-DB Court No. - 2 Case :- WRIT - C No. - 6024 of 2025 Petitioner :- Arti Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue And 4 Others Counsel for Petitioner :- Ajay Shukla,Ravi Kumar Bajpai Counsel for Respondent :- C.S.C.,Vinay Shankar Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ajay Shukla, learned counsel for the petitioners; learned Standing Counsel for respondent nos.1, 2 and 3 and; Sri Vinay Shankar, learned counsel has accepted notice on behalf of respondent no.4-bank. 2. In light of the proposed order, notice to the private respondent is dispensed with. 3. The petitioners in the present petition has assailed the validity of the proceedings initiated by the ADM, VII, Lucknow u/s 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act, 2002') wherein he had directed the petitioners to vacate the premises of the house situated at plot no.7M, Khasra No.914, measuring area 70.67 square meter, Madiyao, Ward Jankipuram, Lucknow. 4. It has been submitted by learned counsel for the petitioners that petitioner no.1 had purchased the aforesaid plot by way of registered sale deed from respondent no.5 while petitioner no.2 had also purchased plot no.7M, Khasra No.914, measuring area 57.620 square meter, by way of registered sale deed on 16.12.2014 also from respondent no.5. It has been further stated that mutation has also been made in the record of the municipal corporation. 5. The grievance of the petitioners is that the respondent no.5 from whom the petitioners had purchased the said property had taken a loan from respondent no.4-bank and mortgaged the property which has been subsequently purchased by the petitioners. This aspect was concealed by respondent no.5 at the time of purchase and submits that petitioners are the due owner for consideration and it is only on this ground, they had assailed the proceeding under Section 14 of the Act, 2002. 6. Learned counsel for the respondents on the other hand opposed the petition and submitted that there is no dispute with regard to the powers under Section 14 of the Act, 2002 exercised by the Chief Judicial Magistrate/Chief Metropolitan Magistrate which are purely ministerial in nature which was being heard by the Supreme Court in the case of Balkrishna Rama Tarle & Another Vs. Phoenix ARC Private Limited And Others reported in (2023) 1 SCC 662 and further submits that in case the petitioners are aggrieved by the proceeding under Section 14 of the Act, 2002, there is an adequate remedy u/s 17 of the Act, 2002. 7. Sri Vinay Shankar, learned counsel for respondent no.4-bank has submitted that there are number of judgements of the Supreme Court stating that the High Court should restrain itself from interfering in proceeding u/s 14 of the Act, 2002, when there is an adequate statutory remedy available u/s 17 of the Act, 2002. 8. Learned counsel for the petitioners does not dispute this proposition and submits that they may be given liberty to approach the Debt Recovery Tribunal by way of filing an application under Section 17 of the Act, 2002 but submits that as orders have already been passed for dispossession, their application for interim relief may be considered with expedition. 9. Sri Vinay Shankar, learned counsel for respondent no.4-bank does not oppose the prayer made by the petitioners. 10. Accordingly, the petitioners are relegated to their statutory remedy under Section 17 of the Debt Recovery Tribunal Act. 11. It is provided that in case the petitioners file an appeal under next two weeks, the Debt Recovery Tribunal shall consider and decide their application for interim relief within a period of seven days thereafter. 12. Learned counsel for respondent no.4 has assured this court that he will cooperate in the proceeding before the Debt Recovery Tribunal. 13. With the aforesaid direction, present petition is disposed of. Order Date :- 25.6.2025 *S.Chaurasia* (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench