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2025 DAILYLAW 56774 (ALL)

KANHAIYA LAL UPADHYAY v. STATE OF U.P. AND 7 OTHERS

WRIC/15100/2025 · 2025-05-18

Shekhar B Saraf, Y K Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:83218-DB Court No. - 40 Case :- WRIT - C No. - 15100 of 2025 Petitioner :- Kanhaiya Lal Upadhyay Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kapil Tiwari Counsel for Respondent :- Anadi Krishna Narayana,C.S.C. 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 has made the following primary prayers: "A. Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3, not to recover any amount from the petitioner, in lieu of loan taken by the respondent Nos. 5 to 8, of a total secured amount of Rs.23,80,000/-. B. Issue a writ, order or direction in the nature of mandamus directing the respondents not to attach the land of the petitioner bearing Arazi Nos. 868 and 870, measuring an area of 2688 sq. ft., situate at Village Sikrara, Pargana Kariyatdost, Tehsil Sadar, District Jaunpur, in pursuance of this notice which was pasted upon the land of the petitioner, by the respondent Nos. 2 & 3." The writ petition is dismissed as withdrawn with liberty granted to the petitioner to approach the Debt Recovery Tribunal, in accordance with law, with an observation that if an application is filed by the petitioner within a period of two weeks from date, before the Tribunal, the Tribunal is directed to hear the application expeditiously. 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