Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 60032 (ALL)

KUSUM GUPTA v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIC/17510/2025 · 2025-05-27

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90933-DB Court No. - 3 Case :- WRIT - C No. - 17510 of 2025 Petitioner :- Kusum Gupta Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- P.H. Vashishtha Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. The present petition has been filed praying for the following relief:- "i. Issue a writ or order or direction in the nature of mandamus commanding the respondent Nos.2 & 3 not to proceed against the petitioner for recovery of the dues of the firm M/s Maa Jayanti Infrastructure; consequent to order dated 29.09.2021 passed by respondent No2. (Annexure No.3) and Recovery Certificate dated 14.08.2024 issued by respondent No3. (Annexure No.4), because; the petitioner is neither a director nor proprietor nor partner nor an employee nor an agent of the said firm; therefore; the petitioner cannot be held liable and subjected to recovery of dues against the said firm." A perusal of the documents attached to the writ petition shows that neither the recovery certificate nor the recovery citation has been issued against the petitioner. No property, of which the petitioner is the sole owner, has either been attached or put up for auction. In view of the aforesaid, no cause of action for filing of the present writ petition arises. The petition is not maintainable and is dismissed. Order Date :- 28.5.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad