SMT. ZAHIDA KHANAM AND ANOTHER v. INDIAN BANK (FORMERLY ALLAHABAD BANK) SULTANPUR THRU. CHIEF MANAGER/ AUTH. OFFICER AND 3 OTHERS
WRIC/6798/2025 · 2025-07-22
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151847 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151847 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42573-DB Court No. - 2 Case :- WRIT - C No. - 6798 of 2025 Petitioner :- Smt. Zahida Khanam And Another Respondent :- Indian Bank (Formerly Allahabad Bank) Sultanpur Thru. Chief Manager/ Auth. Officer And 3 Others Counsel for Petitioner :- Arvind Mishra,Pradyumn Shukla Counsel for Respondent :- Vinay Shankar,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. The petitioner is a borrower and has filed this petition seeking the following reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari by which quashing the impugned notice dated 26/06/2025 issued by opposite party No. 3 for hand over the possession of property in dispute i.e. plot No. 389 area 988 Sq.Ft. situates at Village- Gorabarik, Pargana-Meeranpur, Tehsil-Sadar, District-Sultanpur to opposite party No. 1 upto 15/07/2025 and as well as to quash the entire auction proceeding dated 06/03/2020 in pursuance of sale notice dated 28/01/2020 with its consequential effects, contained as Annexure No. 1 & 2 to this writ petition. (ii) issue a writ, order or direction in the nature of mandamus directing the opposite parties not to dispossess the petitioners over the property in dispute i.e. plot No. 389 area 988 Sq.Ft. situates at Village-Gorabarik, Pargana-Meeranpur, Tehsil-Sadar, District-Sultanpur till disposal of criminal revision defective No. 60/2021 pending before this Hon'ble court in the interest of justice." However, the Counsel for the Bank, Shri Vinay Shankar, informs that auction of the secured asset has taken place way back in 2021, and sale certificate has also been issued. Further, he says that the petitioner has already preferred a securitization application under Section 17 of the S.A.R.F.A.E.S.I. Act, 2002 before the Debt Recovery Tribunal at Allahabad, therefore, this petition is not maintainable. We concur with the contention of the Counsel for the Bank that this petition is not maintainable. The petitioner may pursue the securitization application, already filed. The writ petition is accordingly disposed of. Order Date :- 22.7.2025 Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench