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2025 DAILYLAW 60365 (ALL)

MOHD. MANJOOR ALAM AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/15860/2025 · 2025-07-02

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:104434-DB Court No. - 3 Case :- WRIT - C No. - 15860 of 2025 Petitioner :- Mohd. Manjoor Alam And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Abhishek Gupta,Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Jitendra Kumar Mishra,Lok Nath Shukla Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard counsel appearing on behalf of the parties. 2. This writ petition has been filed, inter alia, praying for the following reliefs:- "(i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 21.02.2025 passed by the respondent no.3 (Annexure no.1 to this Writ Petition). (ii) Issue Writ order or direction in the nature of mandamus directing the Respondents not to evict the Petitioners from Residential Plot measuring an area of 67 Sq. Yards i.e., 56.01 Sq. Mtr. Situated at Khasra No.-51 Village Chotpur, Pargana and tehsil Dadri, District Gautam Budh Nagar, U.P. in pursuance of the order dated 21.02.2025 passed by ADM (Finance and revenue) Gautam Budh Nagar in case no.-321 of 2025 (Shivalik Small Finance Bank vs. Mohd. Manjoor Alam and ors.) under section 14 of SARFAES( Act." 3. Upon hearing the learned counsel for the parties and perusing the record, we are of the view that since the petitioners have an alternative remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, they should approach the Debts Recovery Tribunal. 4. Accordingly, the writ petition is disposed of with liberty granted to the petitioners to approach the Debts Recovery Tribunal for redressal of their grievances. For the ends of justice, the respondents are directed not to take any coercive measures against the petitioners for a period of two weeks from date. Order Date :- 3.7.2025 Rakesh (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad