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2025 DAILYLAW 16614 (ALL)

RAJ KUMAR KAUSHIK v. STATE OF U.P. AND 3 OTHERS

WRIC/3661/2025 · 2025-02-10

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19112-DB Court No. - 29 Case :- WRIT - C No. - 3661 of 2025 Petitioner :- Raj Kumar Kaushik Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subedar Mishra Counsel for Respondent :- C.S.C.,Maneesh Mehrotra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard learned counsel for the petitioner, Sri Maneesh Mehrotra, learned counsel for the respondent no. 3 and learned Standing Counsel for the State. Previous petition filed with similar prayer was dismissed vide following order passed on 13th September, 2024, which is reproduced hereinafter:- "1. Heard learned counsel for the petitioner; learned Standing Counsel for the State-respondents and Sri J.S. Pandey, learned counsel holding brief of Sri Manish Mehrotra, learned counsel for the respondent no.3. 2. Petitioner is a guarantor to a loan. He is disputing his liability. 3. Keeping in mind the nature of that fact dispute brought, interference claimed in the present writ petition is declined. The writ petition is, accordingly, dismissed, leaving it open to the petitioner to avail his statutory remedies in accordance with law." A second writ petition in respect of the same cause would be barred by Chapter XXIII Rule 7 of the High Court Rules. Remedy of the petitioner would be before the competent statutory forum and a writ petition would clearly not be maintainable. Dismissed, accordingly. Order Date :- 10.2.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad