LOKESH SHARMA AND 5 OTHERS v. UNION OF INDIA AND 3 OTHERS
WRIC/18044/2025 · 2025-05-29
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64390 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64390 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93521-DB Court No. - 40 Case :- WRIT - C No. - 18044 of 2025 Petitioner :- Lokesh Sharma And 5 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Agnivesh,Indra Raj Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel appearing on behalf of the parties. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has primarily sought the following reliefs:
"a) Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no. 3, to not to initiate possession proceedings of Plot No. 491, Pashchimpuri Avas Yojna, Mauja Lohamandi Ward, Agra, Uttar Pradesh. b) Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no.4/Piramal Capital & Housing Finance Ltd. to accept the total outstanding dues in some easy installments as fixed by this Hon'ble Court." Counsel appearing on behalf of the petitioners submits that a Stay Application has been filed alongwith an application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, before the Debt Recovery Tribunal (DRT), in the year 2023. However, it is submitted that the said Stay Application has yet not been decided by the DRT. Accordingly, we direct the DRT to expeditiously hear the aforesaid Stay Application and decide the same within a period of twelve weeks from the date of production of a certified copy of this order. The writ petition stands disposed of. Order Date :- 30.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad