SMT. RIZWANA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/9916/2025 · 2025-04-06
Siddhartha Varma, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35139 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35139 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49437-DB Court No. - 39 Case :- WRIT - C No. - 9916 of 2025 Petitioner :- Smt. Rizwana And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Imran Ali,Sheeba Rizvi Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. This writ petition has been filed for the following reliefs:
"(i) Issue a writ order or directing in the nature of certiorari to set aside the impugned order dated 23.11.2024 with respect to petitioner. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to recover loan amount from Mahboob Ali (Respondent No. 4) by taking possession of another property of Mahboob Ali. (iii) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to protect the possession of petitioner who is the bonafide purchaser for consideration without notice of mortgage regarding loan." From the perusal of the record, we find that petitioner has purchased the property from one Mahboob Ali, respondent no. 4, and if now the secured asset of the respondent no. 3 was being proceeded against under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, no relief can be granted to the petitioners. The writ petition is accordingly, dismissed. Order Date :- 7.4.2025 M.S. Ansari (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad