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2025 DAILYLAW 160528 (ALL)

SUSHIL KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS

WRIC/8406/2025 · 2025-09-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8406 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed by the petitioner with the following main prayers:- "(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 to consider the petitioner's requested letter dated 04.03.2025 to take appropriate decision regarding to the temporary suspension of installments are allowed whenever the police investigation is ongoing this time, as contained Annexure No. 7 to the writ petition. (ii) to issue a notice to opposite party no.3 to personally present before this Hon'ble Court from satisfied and answered to grievance of petitioner." 3. The petitioner is aggrieved by the action of respondent no.2, which is HDFC Ltd., the loan sanctioning authority. The petitioner had purchased certain land from Lucknow Development Authority after taking loan from HDFC Ltd. The petitioner is suffering from financial hardship and, therefore, he wishes that this Court may direct the HDFC Ltd. not to take EMI from the petitioner for a few months. 4. Since the petitioner has taken loan on the basis of a signed contract and the terms and conditions of the contract require EMI to be paid by the Versus Counsel for Petitioner(s) : Sumit Kumar Sharma, Arti Sharma, Rajesh Singh Counsel for Respondent(s) : C.S.C. Sushil Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others .....Respondent(s) petitioner, we cannot change the terms and conditions of the contract in extraordinary writ jurisdiction. 5. The writ petition stands disposed of. September 1, 2025 Sachin WRIC No. 8406 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench