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2025 DAILYLAW 56185 (ALL)

SHAHVEJ KHAN v. STATE OF U.P. AND ANOTHER

WRIC/14959/2025 · 2025-05-18

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83542-DB Court No. - 40 Case :- WRIT - C No. - 14959 of 2025 Petitioner :- Shahvej Khan Respondent :- State of U.P. and Another Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- C.S.C.,Sachin Mishra Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for the parties. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner primarily challenges the auction notice dated April 29, 2025 passed by the respondent No. 2 and also seeks a direction to the respondent No. 2 to decide the representation of the petitioner dated May 1, 2025, in accordance with law. Having regard to the nature of the prayer made in the writ petition, in our view, for redressal of the aforesaid grievances, the petitioner is required to approach the Debt Recovery Tribunal, under Section 17 of the SARFAESI Act, 2002. In light of the same, the writ petition is disposed of with liberty granted to the petitioner to approach the Debt Recovery Tribunal, in accordance with law. Order Date :- 19.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad