Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 31364 (ALL)

JATA SHANKAR v. STATE OF UP AND 5 OTHERS

WRIC/8101/2025 · 2025-03-19

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:40173 Court No. - 33 Case :- WRIT - C No. - 8101 of 2025 Petitioner :- Jata Shankar Respondent :- State Of Up And 5 Others Counsel for Petitioner :- U.C. Chaturvedi Counsel for Respondent :- C.S.C.,Manoj Nigam Hon'ble Prakash Padia,J. 1. Heard counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of Respondent Nos. 1, 2 & 6 as well as Shri Manoj Nigam, learned counsel is appearing on behalf of Respondent Nos. 3, 4 & 5. 2. The petitioner has preferred the present writ petition inter-alias with the following prayer:- "a). issue a Writ, Order or direction in the nature of certiorari quashing the impugned auction notice dated 07.12.2024 issued by respondent no.5 and attachment notice dated 22.07.2024 issued by respondent no. 6 as well as recovery proceedings initiated by the Respondent no.3 and 4 against the petitioner (Annexure No. 1 & 2 to this Writ Petition). b) issue a Writ, Order or direction in the nature of mandamus directing the respondent authorities not to take coercive action against the Petitioner in pursuance of the aforesaid recovery proceedings,." 3. A preliminary objection has been raised by Shri Manoj Nigam, learned counsel appearing on behalf of Respondents No. 3, 4 & 5 that against an order of recovery, the petitioner has already been approached the District Consumer Dispute Redressal Commission, Mirzapur by filing the case being Case No. 141 of 2023. It is argued that once the petitioner has already approached the forum, the present writ petition is not maintainable. 4. In this view of the matter, the Court is of the opinion that once the petitioner has already approached the forum for the same relief, the present writ petition is liable to be dismissed and is hereby dismissed. 5. No order as to costs. Order Date :- 20.3.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad