Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59672 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59672 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:107112-DB Court No. - 3 Case :- WRIT - C No. - 15921 of 2025 Petitioner :- Federal Bank Ltd Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akash Tripathi Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel appearing on behalf of the parties. 2. Supplementary affidavit filed today is taken on record. 3. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:-
"i) To Quash and set aside the order dated 02.04.2025 passed by Ld. Additional District Magistrate, (Judicial) Hathras in application under Section 14 of SARFAESI Act, 2002 titled as "Federal Bank Limited vs. M/s GL Ice & Cold Storage & Ors." bearing no. 1660/2024; ii) Appoint Tehsildar or Receiver to take possession of the mortgaged properties owned by the Respondent No. 2 and Respondent No. 3:- a. All That Piece and Parcel of Property Bearing Khasra Plot No. 250, Admeasuring 0.524 Hectare, Together With All Buildings And Improvements Thereon. Village Chandpa, Pargana Mursaan, Tehsil And Dist. Hathras, Up Bounded on North by: Khasra Plot no. 249, West by: Remaining part of Khasra no. 250 And Then Agra Hathras Road, South by: Khasra No. 251, East By: Link Road To Bhoolgarhi. b. All That Piece And Parcel Of Property Bearing Khasra Plot No. 251, Admeasuring 4610 Sq mtrs, Together With All Buildings And Improvements Thereon. at Village Chandpa, Pargana Mursaan, Tehsil And Dist. Hathras, Up Bounded on North by: Khasra Plot no. 250, West by: Agra Hathras Road, South by: remaining part of khasra no. 251 and thereafter road, East By; Road. c. All that piece and parcel of property bearing no. 283 and 284, admeasuring 7320 Sq. mtrs and together with all buildings and improvements there on situated at village rohaiparganmursan, tehsil and dist. Hathras, UP property bearing khasra no. 283, bounded on the North by: Khasra no. 282 of mr.Netrapal west by: kacharasta,
south by: khasra no. 284, east by: govt. drain there after khasra no. 268 and 269 of Mrs. Shanti devi. iii) Issue such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the instant case;"
4.
Upon hearing counsel appearing on behalf of the parties and after perusal of the materials on record, we are of the view that the petitioner should be granted an opportunity to file fresh application under Section 14 of SARFAESI Act, 2002. 5. If such an application is filed within three weeks from date, the respondent concerned is directed to grant opportunity of hearing to the relevant parties, and thereafter, pass a reasoned order in accordance with law. 6. In view of the above, this writ petition is disposed of. Order Date :- 8.7.2025 DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad