HARENDER KUMAR AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/6440/2025 · 2025-03-04
Siddhartha Varma, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21738 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31763-DB Court No. - 39 Case :- WRIT - C No. - 6440 of 2025 Petitioner :- Harender Kumar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabha Shanker Bharti Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Contention of the learned counsel for the petitioners is that the possession of the petitioners' house would be taken in pursuance impugned order dated 4.10.2024.
2. Learned counsel for the petitioners states that the petitioner no.2 had purchased the property from the petitioner no. 1 and the petitioner no. 1 had purchased the property from the respondent no. 3. Learned counsel for the petitioners further states that the respondent no. 3 had mortgaged the property in question with the bank concerned and, therefore, there was no occasion for the petitioner no. 2 to have known that the property was earlier mortgaged.
3. Be that as it may, if the petitioners are aggrieved by the impugned order, they may approach the relevant forum under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.
4. The writ petition is, accordingly, dismissed. Order Date :- 5.3.2025 PK (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad