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2025 DAILYLAW 196751 (ALL)

VIMA JAYSAVAL v. DISTT. MAGISTRATE BARABANKI DISTT. BARABANKI AND 3 OTHERS

WRIC/10128/2025 · 2025-10-15

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10128 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made following main prayer(s): "(i) To issue a writ, order or direction in the nature of mandamus to direct the opposite parties No. 1 to 3 not to harass the petitioner regarding notice dated 24.09.2025 which is annexed as Annexure No.5 to this Writ Petition." 3. Counsel appearing on behalf of the petitioner submits that the petitioner has neither taken any loan from the respondent no. 3 i.e. Canara Bank. He further submits that order dated 24.09.2025 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Act, 2002') refers to different property than the property belongs to him. He has indicated the title deed belonging to him wherein it is clear that area and boundary of the plot belonging to the petitioner are distinct from one mentioned in the order dated 24.09.2025. 4. In light of the same, we direct the respondent no.3 i.e. Canara Bank to withdraw the notice that has been affixed on the property of the petitioner Versus Counsel for Petitioner(s) : Pramod Kumar Pandey, Avadhesh Kumar Jayswal, Avinash Mishra, Prabhat Gupta, Prashant Sharma Counsel for Respondent(s) : C.S.C., Vinay Shankar Vima Jaysaval .....Petitioner(s) Distt. Magistrate Barabanki Distt. Barabanki And 3 Others .....Respondent(s) and proceed against the delinquent borrower in accordance with law. 5. With the above direction, writ petition is disposed of. October 15, 2025 Anupam S/- WRIC No. 10128 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench