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2025 DAILYLAW 200364 (ALL)

M/S SHRI SAI AUTOMBILES THRU.PARTNER RAJESHWAR PRATAP SINGH AND ANOTHER v. STATE OF U.P. THRU. SECY. REVENUE DEPTT. GOVT. OF U.P. LKO. AND 5 OTHERS

/9802/2025 · 2025-10-13

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9802 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ajay Pratap Singh, learned Counsel for the Petitioners; Sri R. K. Maurya, learned Standing Counsel for the State of UP, and Sri Anand Kumar Singh, Learned Counsel for opposite party Nos. 2 to 5, UCO Bank and its authorities. 2. Keeping in view the order proposed to be passed, issuance of notice to opposite party No. 6 is dispensed with. 3. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged the validity of an order dated 08/09/2025, passed by the Debt Recovery Tribunal, Lucknow in S.A. No. 445/2019, Prema Kumari Devi v. Uco Bank, whereby the matter has been fixed for 11/05/2026, and have also sought quashing of the auction proceedings conducted by the Bank, whereby the property of the petitioners has been auctioned in favor of opposite party No. 6, during the pendency of S.A. number 445/2019. However, Learned Counsel for the Petitioners has confined his prayer for early disposal of his application for interim relief by the Debt Recovery Tribunal, which they have already submitted on 29/09/2025, a copy of which has been filed as Annexure No. S.A.1 to the supplementary affidavit, filed in the court today and taken on record. 4. Learned Counsel for the petitioners states that the opposite party No. 6 Versus Counsel for Petitioner(s) : Ajay Pratap Singh, Rakesh Chandra Tewari Counsel for Respondent(s) : C.S.C., Arvind Kumar Srivastava M/S Shri Sai Autombiles Thru.Partner Rajeshwar Pratap Singh And Another .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Deptt. Govt. Of U.P. Lko. And 5 Others .....Respondent(s) is represented before the Debt Recovery Tribunal, and it will have an opportunity to present its case before the Tribunal, before the Tribunal passes any order. 4. In view of the limited prayer advanced by Learned Counsel for the petitioners, the instant writ petition is disposed of with the direction to the Debt Recovery Tribunal, Lucknow to consider and decide the petitioners' application for interim relief dated 29/09/2025 in S.A. No. 445 of 2019, Annexure No. S.A.1 to the supplementary affidavit filed today, as expeditiously as possible, without unnecessary delay, keeping in view the fact that the property in question of the petitioners already stands auctioned in favour of the opposite party No. 6, and any delay in disposal of the application for interim relief will create unnecessary further complications. October 13, 2025 A.Nigam WRIC No. 9802 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench