MANOJ KUMAR PANDEY @ MANOJ KUMAR PANDEY AND ANOTHER v. COLLECTOR/DISTT. MAGISTRATE SULTANPUR AND 2 OTHERS
WRIC/8306/2025 · 2025-09-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160439 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160439 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8306 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the State-respondent no.1 and Shri Prashant Kumar Srivastava, who appears on behalf of the Opposite party nos.2 and 3.
2. This petition has been filed by the petitioners for the following prayers:-
"i) to issue a writ, order or direction in nature of Certiorari to quash the impugned Possession Notice dated 12/08/2025 issued by O.P. party No.3 contained as Annexure No. 1 to this Writ petition. ii) to issue a writ, order or direction in the nature of Mandamus, commanding Opposite-parties not to adopt the coercive method against the aforesaid recovery citation. (iv) to issue any other writ, order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case, and in the interest of justice in favour of the petitioners. (v) to award the cost of present writ petition to the petitioner directing the opposite parties to ensure the payment of such costs to him."
3. A preliminary objection has been raised by Shri Prashant Kumar Versus Counsel for Petitioner(s) : Shailendra Kumar Singh Counsel for Respondent(s) : C.S.C. Manoj Kumar Pandey @ Manoj Kumar Pandey And Another .....Petitioner(s) Collector/Distt. Magistrate Sultanpur And 2 Others .....Respondent(s)
Srivastava appearing for the Bank of Baroda that the writ petition is not maintainable as the petitioners have challenged the possession Notice dated 12.08.2025 issued to them in pursuance of SARFAESI proceedings initiated an order passed under Section 14 by the Collector.
4. The writ petition is dismissed as not maintainable in view of the law settled by the Hon'ble Supreme Court in the case of Union Bank of India Vs. Satyawati Tandon reported in (2010) 8 SCC 110. September 1, 2025 N.PAL WRIC No. 8306 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench