RADHA AGRAWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE LKO AND 5 OTHERS
/11350/2024 · 2025-01-13
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170983 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170983 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2174-DB Court No. - 2 Case :- WRIT - C No. - 11350 of 2024 Petitioner :- Radha Agrawal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Lko And 5 Others Counsel for Petitioner :- Gyanendra Pathak Counsel for Respondent :- C.S.C.,Ashok Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard Shri Gyanendra Pathak, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Ashok Kumar Singh, learned counsel for the opposite party no. 4.
2. The petitioner has purchased the plot in question vide sale deed dated 29.10.2024, however, the erstwhile owner, as claimed by the Bank, had taken a loan.
3. The possession notice dated 24.09.2024 is one of the measures referable to Section 13(4) of the SARFAESI Act, 2002, therefore, the remedy is under Section 17 of the Act, 2002 and not before this Court directly under Article 226 of the Constitution of India.
4. The writ petition is dismissed with liberty aforesaid. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 13.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench