Neutral Citation No. - 2025:AHC-LKO:45237-DB Court No. - 2 Case :- WRIT - C No. - 7361 of 2025 Petitioner :- Maqbul Ahamad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko And 4 Others Counsel for Petitioner :- Vijay Kumar Asthana,Santi Counsel for Respondent :- C.S.C.,Vinay Shankar Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-Respondents and Shri Vinay Shankar, who appears on behalf of respondent no.5. This petition has been filed by the petitioner with the following main prayers : "(i) issue a writ, order or direction in the nature of certiorari for quashing of eviction notice dated 18.09.2024 from the house of the petitioner which is mortgage in the bank concerned against the CC limit loan, contained as Annexure No. 1. (ii) issue a writ, order or direction in the nature of mandamus, directing the opposite parties not to disposes the petitioner from the house in question." It has been submitted by learned counsel for the petitioner that the petitioner had taken a CC limit loan to the tune of Rs.10,00,000/- from the opposite party no.5 and had offered his house, measuring 1682 Sq. feet situated at Mohalla Barkherwa, Paragana and Tehsil Lakhimpur District Kheri, as security/surety for the said loan. It has also been submitted that the petitioner, unfortunately, could not repay the loan in time, due to which a notice was issued under Section 13 of the SARFAESI Act, 2002. Thereafter, the District Magistrate, Lakhimpur Kheri proceeded under Section 14 of the SARFAESI Act, 2002 and passed an order for the eviction of the petitioner on 11.01.2021 and for handing over possession to the bank. The petitioner filed an application bearing S. A. No.14 of 2023 under Section 17(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal, Lucknow on 04.01.2023, which is still pending and the next date fixed for hearing is 13.08.2025. Now the opposite party no.4,Nayab Tehsildar, Tehsil Paila, District Lakhimpur Kheri has issued a notice on 18.09.2024 direcing the petitioner to vacate the house in question on or before 08.10.2024. Hence, the instant writ petition has been filed before this Court. Learned counsel appearing for the respondents has pointed out that the application bearing S. A. No.14 of 2023 under Section 17(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is already pending before the Debts Recovery Tribunal, Lucknow wherein the same relief as claimed in the present petition has been prayed for by the petitioner. It has also been pointed out that the notice issued by the opposite party no.4, Nayab Tehsildar, Tahsil Paila, District Lakhimpur Kheri is almost one year old and is dated 18.09.2024. In view of the law laid down by Hon'ble the Supreme Court in the case of Union of India vs. Satyawati Tandon reported in (2010) 8 SCC 110, this Court cannot interfere in such matters. The writ petition is, accordingly, dismissed. Order Date :- 5.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench