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2025 DAILYLAW 160814 (ALL)

VAISHNAVI DIXIT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

WRIC/8449/2025 · 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. - 8449 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties, Shri Sanjeev Singh, learned counsel for opposite party no.3 and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s): "I. Issue a writ, order or direction in the nature of certiorari quashing the order dated 31.05.2025 passed in Case No.-884/2025 computer Case No. D202510460000884 by the learned Apar District Magistrate (Judicial), District Lucknow, under the SARFAESI Act (Annex-as annexure No.1). II. Issue a writ, order or direction in the nature of mandamus staying further proceedings of Case No.-884/2025 computer Case No. D202510460000884 under Section 14 of the SARFAESI Act. III. Issue a writ, order or direction transferring the said case from the Court of Apar District Magistrate (Judicial), District Lucknow, to any other competent Court/authority, in the interest of fair trial." 3. Learned counsel for the L.I.C./opposite party no.3 has informed this Court that proceedings under the SARFAESI Act have been undertaken against the petitioner for non payment of loan due. The competent authority has passed an order under Section 14 of the SARFAESI Act on Versus Counsel for Petitioner(s) : Avinash Dixit Counsel for Respondent(s) : C.S.C. Vaishnavi Dixit .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Respondent(s) 28.08.2025 for recovery/possession. 4. This writ petition is dismissed in view of the law laid down by Hon'ble Supreme Court in the case of United Bank Of India vs Satyawati Tondon & Ors; 2010 (8) SCC 110 leaving it open to the petitioner to approach appropriate forum. September 1, 2025 Anupam S/- WRIC No. 8449 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench