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2025 DAILYLAW 178245 (ALL)

SONAM VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FINANCE AND 7 OTHERS

WRIC/11455/2025 · 2025-11-25

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11455 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 prayed for the following substantial reliefs:- "i. Issue a writ, order or direction in the nature of Certiorari, thereby quashing the impugned Notice dated 13.11.2025 given by the opposite party no.4 Tehsildar, Tehsil-Nawabganj, District-Barabanki physical possession notice or letter no.1972/SARFAESI/2025-2026 in regarding Case No.2303/2024 (Computerized Case No.D202404120002303) "M/s Hinduja Housing Finance Limited Versus Akash Sharma and others Under Section 14 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 contained in Annexure no.1 to this writ petition and further be pleased to direct the opposite parties not to interfere in the peaceful possession of the petitioner over the House No. D.B. 2496 being part of Khasra No.211 ka Minjuma Village-Paishar (Bahar Seema), Ward- Dasharabagh, Pargana and Tehsil-Nawabganj, District- Barabanki to this writ petition interest of justice. ii. Issue a writ order or direction in the nature of Mandamus thereby directing the Opposite Parties not to dispossess the petitioner and also not to take the physical possession of the House in question forcefully, during pendency of the instant writ petition interest of justice. iii. Issue a writ order or direction in the nature of Mandamus Versus Counsel for Petitioner(s) : Dinesh Kumar Bharti, Harish Chandra Counsel for Respondent(s) : C.S.C. Sonam Vishwakarma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Finance And 7 Others .....Respondent(s) thereby commanding and directing the Opposite Parties not interfere in the peaceful possession of the petitioner over the House No.D.B.2496 being part of Khasra No.211 Ka Minjuma Village-Paishar (Bahar Seema), Ward-Dasharabagh, Pargana and Tehsil-Nawabganj, District-Barabanki interest of justice." 3. It appears that an application under Section 17(1) of Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is already pending before the Debt Recovery Tribunal. 4. Accordingly, we dispose of this writ petition granting liberty to the petitioner to make an application for expeditious hearing before the Debt Recovery Tribunal and in case any such application is made within a week, the Debt Recovery Tribunal is directed to hear the matter expeditiously, preferably within a period of three months from date. November 25, 2025 akhilesh/- WRIC No. 11455 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench