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2025 DAILYLAW 40199 (ALL)

MANDEEP SINGH AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/10859/2025 · 2025-04-10

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53878 Court No. - 33 Case :- WRIT - C No. - 10859 of 2025 Petitioner :- Mandeep Singh And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Tiwari Counsel for Respondent :- C.S.C.,Manish Trivedi Hon'ble Prakash Padia,J. 1. Present writ petition has been filed by the petitioners inter-alia with the prayer to quash the impugned recovery certificate dated 19.12.2023 issued by the respondent no.4-Relationship Manager, ICICI Bank Ltd, Gomti Nagar, Lucknow as well as impugned order of attachment dated 28.02.2025 passed by the respondent no.3-Tehsildar, Tehsil Bilaspur, District Rampur. 2. It is argued by the learned counsel for the petitioners that vide attachment order dated 28.02.2025, the respondent no.3-Tehsildar, Tehsil Bilaspur, District Rampur has attached the property, which was never mortgaged by the petitioners. 3. This fact is also very fairly accepted by Sri Manish Trivedi, learned counsel appearing on behalf of the respondent nos. 4 and 5-Bank. 4. In this view of the matter, the effect and operation of the attachment order dated 28.02.2025 passed by the respondent no.3- Tehsildar, Tehsil Bilaspur, District Rampur is set aside. 5. It is made clear that this order will not restrain the respondent no.5-Bank to pass attachment order against the petitioner, if so advise. 6. The present writ petition is allowed in part Order Date :- 11.4.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad