SMT. ABHA RANI AND ANOTHER v. ADDITIONAL DISTRICT MAGISTRATE (F AND R), PRAYAGRAJ AND 7 OTHERS
WRIC/4034/2025 · 2025-02-13
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16820 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16820 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21023 Court No. - 9 Case :- WRIT - C No. - 4034 of 2025 Petitioner :- Smt. Abha Rani And Another Respondent :- Additional District Magistrate (F And R), Prayagraj And 7 Others Counsel for Petitioner :- Dhananjay Kumar Mishra Counsel for Respondent :- Avinash Jaiswal,C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. Heard learned counsel for petitioner and Sri Avinash Jaiswal,
learned counsel for respondent no. 8.
2. This writ petition has been filed with the following prayer:-
"(1) issue a writ, order or direction in the nature of Mandamus directing the contesting Respondent Bank not to interfere in peaceful possession as well as not to dispossess the petitioners from their house regarding House No. R. F. 152/2B, Area 84.01 Sq. Meter arising out of Arazi No.322/1 situated at Mauja- Kasari Masari, Pargana and Tehsil Sadar, District Prayagraj, during the pendency of Securitization Application No.867 of 2024 (Smt. Abha Rani and Another Vs. City Union Bank and Others) before the Debts Recovery Tribunal, Allahabad; (ii) issue a writ, order or direction in the nature of Mandamus commanding the Tribunal to expedite the Stay Application arising out of Securitization Application No.867 of 2024 (Smt. Abha Rani and Another Vs. City Union Bank and Others), which is pending before him, expeditiously within stipulated period;"
3. The first prayer made in the writ petition cannot be granted. However, as the stay application is pending consideration in Securitization Application No.867 of 2024 filed by petitioner, a direction is issued to Debts Recovery Tribunal, Allahabad to expedite the stay application and decide the same, strictly in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
Order Date :- 13.2.2025//V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad