SMT PRAKASHI SAINI AND ANOTHER v. STATE OF UP AND 3 OTHERS
WRIC/7683/2025 · 2025-03-17
Siddhartha Varma, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29298 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29298 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38270-DB Court No. - 39 Case :- WRIT - C No. - 7683 of 2025 Petitioner :- Smt Prakashi Saini And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Respondent :- C.S.C.,Sanjai Singh Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing for the petitioners and
learned counsel appearing for the bank.
2. This writ petition has been filed challenging the notice for auction dated 11.03.2025 which was published in a newspaper dated 19.02.2025.
3. From the writ petition, we find that the petitioner has also knocked the doors of Civil Court by filing a Civil Suit No. 37 of
2025.
4. Learned counsel appearing for the Bank however has stated that petitioner has purchased a mortgaged property and if the mortgager had sold the property to the petitioner and thereafter if the property had been put to auction, then, appropriate remedy for the petitioner would be to approach the Debt Recovery Tribunal.
5. Be that as it may, we are of the view that no interference is warranted by this Court.
6. Writ petition is accordingly dismissed.
Order Date :- 18.3.2025 Karan (Dr. Y.K. Srivastava, J.) (Siddhartha Varma,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad