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2025 DAILYLAW 175407 (ALL)

KESHARI YADAV v. DISTT. MAGISTRATE LKO. COLLECTORATE LKO. AND ANOTHER

/11045/2025 · 2025-11-27

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11045 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has made the following main prayers:- "1. Issue a writ, order or direction in the nature of Mandamus commanding the respondent District Magistrate, Lucknow, not to proceed further with the application filed by ICICI Bank under Section 14 of the SARFAESI Act, 2002, in respect of House No. 1/75, Ruchi Khand-1, Sharda Nagar, Raebareli Road, Lucknow, during the pendency of S.A. No. 50/2025 before the Debts Recovery Tribunal, Lucknow. 2. Issue a further direction commanding the respondents to maintain status quo with regard to possession, title, and nature of the property until final disposal of the present writ petition or the pending S.A., whichever is earlier." 3. It is evident from the facts that an application under Section 17 of the SARFAESI Act, 2002, has already been filed by the petitioner. 4. In light of the fact that the petitioner has already exercised his option for alternative remedy before the Debts Recovery Tribunal, we do not see any reason to interfere in the present matter. If the petitioner files an application before the Debts Recovery Tribunal for Versus Counsel for Petitioner(s) : Agendra Sinha, Manoj Kumar Srivastava Counsel for Respondent(s) : C.S.C., Sanjeev Singh Keshari Yadav .....Petitioner(s) Distt. Magistrate Lko. Collectorate Lko. And Another .....Respondent(s) expeditious hearing of the said application, the Debts Recovery Tribunal should try and dispose of the same expeditiously, preferably within a period of six weeks from the date of filing of the said application. 5. With the above direction, the writ petition is disposed of. November 27, 2025 cks/- WRIC No. 11045 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench