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2025 DAILYLAW 175310 (ALL)

SHAUKATYAR KHAN v. SARDAR BHAGWANT SINGH AND 5 OTHERS

WRIC/10812/2025 · 2025-11-12

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10812 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Yogendra Mishra, the learned counsel for the petitioner, Sri Alok Saxena, the learned counsel for the opposite parties no. 5 & 6 (State Bank of India). 2. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of a judgment and order dated 02.06.2022 passed by the Debts Recovery Tribunal. 3. A writ petition against a judicial order passed by a tribunal is not maintainable under Article 226 of the Constitution of India and as such a petition can only be filed under Article 227 of the Constitution of India. Moreover, the petitioner has got a statutory remedy of filing an appeal against the order passed by the Debts Recovery Tribunal available to him and, therefore, a petition under Article 226 or 227 of the Constitution of India would not be maintainable. 4. Accordingly, the writ petition is dismissed leaving it open for the petitioner to avail appropriate remedy in accordance with law. November 12, 2025 Pradeep/- Versus Counsel for Petitioner(s) : Yogendra Mishra, Pushpendra Mishra, Saket Kumar Tripathi Counsel for Respondent(s) : Alok Saxena (Subhash Vidyarthi,J.) Shaukatyar Khan .....Petitioner(s) Sardar Bhagwant Singh And 5 Others .....Respondent(s) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench