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2025 DAILYLAW 61999 (ALL)

LIFE INSURANCE CORPORATION HOUSING FINANCE LIMITED v. STATE OF U.P. AND 2 OTHERS

WRIC/16475/2025 · 2025-10-05

Prakash Padia, Vivek Saran

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 16475 of 2025 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard learned counsel for the parties and perused the record. 2. The petitioner has preferred the present petition inter-alia with the following prayer:- a). Issue a writ, order(s) or direction(s) in the nature of Mandamus directing the respondents to deliver the peaceful and physical A possession of the property situated at Arazi No. 325, 326, Mauja Mirapur, Pargana Dehat Amanat, District Varanasi, area approximately 1700 square feet within stipulated period of time. 3. Detailed counter affidavit has already been filed on behalf of respondent Nos.4 & 5. In paragrah 11 of the aforesaid counter affidavit, it is stated that respondent No.4/ & respondent No.5/ has already approached Debt Recovery Tribunal, Allahabad by filing S.A. No.892 of 2024 in which order dated 13.4.2022 passed by the A.D.M. (Finance & Revenue) Varanasi under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and notice dated 22.10.2024 issued by the Authorized Versus Counsel for Petitioner(s) : Vatsala Counsel for Respondent(s) : Sufia Saba, C.S.C. Life Insurance Corporation Housing Finance Limited .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Officer are under challenge. This fact is also clear from perusal of the order dated 08.11.2024 passed by the Presiding Officer, Debt Recovery Tribunal Allahabad, copy of which is appended as Annexure No.C.A.-4 to the counter affidavit. In this view of the matter, we are of the opinion that the present petition has been filed with the concealment of material facts as the same has not been stated in the entire writ petition. 4. At this stage, it is informed by learned counsel for the petitoner that the petitioner does not provide any information regarding the aforesaid facts while drafting the present petition and a prayer has been made by learned counsel for the petitioner to dismiss the present petition as not pressed. 5. Taking a lenient view, the present petition is dismissed as not pressed. October 6, 2025 saqlain WRIC No. 16475 of 2025 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad