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2025 DAILYLAW 157115 (ALL)

SUROOR KHAN AND ANOTHER v. STATE OF U.P. THRU. COLLECTOR LKO. AND 3 OTHERS

WRIC/7762/2025 · 2025-08-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47831-DB Court No. - 2 Case :- WRIT - C No. - 7762 of 2025 Petitioner :- Suroor Khan And Another Respondent :- State Of U.P. Thru. Collector Lko. And 3 Others Counsel for Petitioner :- Utkarsh Pratap Singh,Ranjana Agnihotri Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel who appears on behalf of respondent nos.1 and 2. 2. This petition has been filed by the petitioners with the following prayers :- "A). A writ, order or direction in the name of certiorari be issued quashing the impugned order dated 26.11.2024 passed by the Upper Zila Adhikari (Judicial), Lucknow attached as to this writ petition as Annexure No.2. B). A writ, order in the nature of mandamus be issued commanding the opposite parties to restore the possession of the petitioner on the secured house situated at Plot No.A-136, Over Khasra No.303 Ka, Minjumla, Dasauli Pargana Mohana, Bakshi Ka Talab, Lucknow-226026. C). A writ order or direction in the nature of mandamus be issued commanding the opposite parties to immediately release the personal effects of the petitioner." 3. Learned Standing Counsel has pointed out that prayer no.A relates to quashing of the order dated 26.11.2024. The order has been passed by the respondent no.2/A.D.M.(Judicial), Lucknow under Section 14 of the Securitization and Reconstructions of Financial Assets and Enforcement of Security Interests Act ( hereinafter referred to as "SARFAESI Act") for delivery of possession to the private Bank which is respondent no.3 namely IIFL Home Finance Ltd. The petitioners have remedy of filing a Securitization application before the Debts Recovery Tribunal (hereinafter referred to as "D.R.T.") against such an order. 4. With regard to prayer no.B which relates to restoring of possession of the petitioners over the secured house, such prayer can be granted only when there is an application with regard to whether the Bank which is a private Bank was entitled to take over the possession and after initiation of proceedings under SARFAESI Act. Securitization can be done only by the D.R.T. in view of the law settled by the Hon'ble Supreme Court in the case of United Bank of India Vs. Satyawati Tondon : (2010) 8 SCC 110. 5. With regard to prayer no.C which has been pressed by the petitioners, it has been submitted that the auction proceedings were held and sale deed executed on 4.11.2025 in favour of private respondent no.4 Mahendra Kumar Mishra as is evident from Annexure No.5 to the petition. The petitioners in effect asking for mandamus to be issued for release of personal effects of the petitioners which lying in the house which has been auctioned to respondent no.4. 6. This Court after going to the pleadings on record and after hearing the arguments of the petitioners, finds that the writ petition is not maintainable with regard to the prayer mentioned hereinabove. 7. Accordingly, the petition is dismissed. Order Date :- 14.8.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench