RAJESH KUMAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 2 OTHERS
WRIC/6937/2025 · 2025-07-30
Jaspreet Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152645 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152645 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43920-DB Court No. - 2 Case :- WRIT - C No. - 6937 of 2025 Petitioner :- Rajesh Kumar Upadhyay Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 2 Others Counsel for Petitioner :- Ashish Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Jaspreet Singh,J.
1. Heard.
2. A recovery certificate has been issued in pursuance to some orders by the Special Court under the Negotiable Instruments Act, 1881 which is not being given effect by the revenue authorities, hence, this writ petition. Learned Additional Chief Standing Counsel for the State has instructions that warrants were issued to the opposite party No.4 but on inquiry it was found that the property is already attached under the Uttar Pradesh Control of Goondas Act, 1970. In any case, the court which has issued the orders/recovery certificate or warrants as the case may be, is competent to get its orders executed. We cannot initiate a parallel proceeding for the said purpose.
3. The writ petition is disposed of with liberty to approach the court concerned. (Jaspreet Singh, J.) (Rajan Roy, J.) Order Date :- 30.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench