Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 192968 (ALL)

DEVENDRA KUMAR BARANWAL AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/34650/2025 · 2025-10-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34650 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Kunjesh Dubey, Advocate, holding brief of learned counsel for the petitioners; Sri Pankaj Kumar Gupta, Advocate, holding brief of learned counsel for the bank and learned Standing Counsel for the State-respondents. 2. Present writ petition has been filed for the following relief : "(A) Issue a writ, order or direction in the nature of mandamus directing the respondents authorities specially respondent no.3 petitioner's accounts shall not be treated as NPA in pursuance of guide line of Reserve Bank of India and Hon'ble Apex Court. (B) Issue a writ, order or direction in the nature of mandamus directing the respondent bank to comply the order dated 16.01.2024 passed by Debt Recovery Tribunal Allahabad in S.A. No. 260 of 2021 (while set aside the all SARFAESI proceeding against the petitioner) and also directed to the respondent bank restructuring of the loan accounts." 3. Besides the proceedings before the DRT, the petitioners had earlier approached this Court by means of writ petition being Writ - C No. 18875 of 2025. It was disposed of by the following order dated 11.07.2025 passed by a coordinate bench : "1. Heard learned counsel appearing on behalf of the petitioners, Sri Anant Kumar Tiwari, learned counsel appearing on behalf of the respondent No.1, Sri Krishna Versus Counsel for Petitioner(s) : Krishna Kumar Shukla, Mateshshwar Shukla Counsel for Respondent(s) : C.S.C., Satish Chaturvedi, Vivek Mishra Devendra Kumar Baranwal And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Mohan Asthana, learned counsel appearing on behalf of the respondent No.2 and Sri P.R. Chaubey, learned counsel appearing on behalf of the respondent Bank. 2. Counsel appearing on behalf of the petitioners, upon reconsideration, wishes to withdraw the present writ petition with liberty granted to the petitioners to contest the matter before the Debts Recovery Tribunal wherein the Original Application that has been filed by the respondent Bank is pending. 3. Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for." 4. On query made, learned counsel for the petitioners states, no application has been filed in the earlier writ petition, seeking to recall that order. At the same time, in paragraph no. 1 of the present writ petition, it has been stated, this is the first writ petition on behalf of the petitioners. 5. In view of such facts, once the petitioner had withdrawn the earlier writ petition arising from same fact (under the SARFAESI Act), he is disabled from filing the second/present writ petition. 6. Accordingly, the present writ petition is dismissed, leaving it open to the petitioners to pursue whatever remedies available to them in accordance with law. October 13, 2025 Abhilash WRIC No. 34650 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad