DINESH KUMAR SHUKLA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 4 OTHERS
WRIC/8491/2025 · 2025-09-02
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161536 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161536 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8491 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 respondent State.
2. This petition has been filed by the petitioners with the following prayers :-
"i). Issue a writ, order or direction in the nature of Certiorari quashing the impugned notice dated 11.8.2025 issued by the opposite party no.3 the Naib Tehsildar, Paila, Tehsil Lakhimpur Kheri, Distrct Lakhimpur Kheri, as contained in Annexure No.1 to this writ petition."
3. We have gone through the order dated 11.8.2025 which is in the nature of notice issued to the petitioner to vacate the premises as the Bank application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( hereinafter referred to as the "SARFAESI Act") has been allowed by the District Magistrate, Lakhimpur Kheri in Computerized Case No.D202210430000810 : Canara Bank Vs. Dinesh Kumar Shukla and others.
4. No writ challenging the action taken in pursuance of the SARFAESI Act by the Bank/authority is maintainable in view of the law laid down by the Hon'ble Supreme Court in the case of United Bank of India Vs. Satyawati Tondon and Others : AIR 2010 SC Versus Counsel for Petitioner(s) : Ram Bux Rawat, Jai Prakash Yadav Counsel for Respondent(s) : C.S.C., Vinay Shankar Dinesh Kumar Shukla And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 4 Others .....Respondent(s)
3413.
5. In view of the decision of Hon'ble Supreme Court in the case of United Bank of India (supra), the writ petition is dismissed being not maintainable leaving it open to the petitioner to approach appropriate forum. September 2, 2025 Shukla WRIC No. 8491 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench