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2025 DAILYLAW 6467 (ALL)

IRFAN AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/1078/2025 · 2025-01-23

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11958-DB Court No. - 39 Case :- WRIT - C No. - 1078 of 2025 Petitioner :- Irfan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Pundir,Rekha Pundir Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel. 2. Instant writ petition has been filed for following reliefs:- "i. Issue a writ, order or direction in the nature of writ of certiorari quashing the impugned order dated 17.05.2024 in Case No. 1145/2024 computer case No. D2024095550001145 (Adhar Housing Finance Ltd. Vs Imran Sochaman) passed by the Additional District Magistrate (F & R), Muzaffarnagar under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. ii. Issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondents not to attach the house of the petitioners i.e. 345, Bhatwada Uttari (Khakroban Mohalla), Budhana, Near Yogpura Mandir ke Peechhe, District Muzaffarnagar without giving any opportunity of hearing." 3. It is the contention of learned counsel for the petitioner that the secured asset was in the joint ownership of the petitioners and the loanee Imran Sochaman. Learned counsel for the petitioners states that the property was purchased by the mother of the petitioners and Imran Sochaman and, therefore, the property belonged to them as well. 4. Whether the property belongs to the petitioners is a factual controversy which can be looked into by the Debt Recovery Tribunal. 5. No interference is therefore warranted in the instant case. Writ petition is accordingly dismissed. Order Date :- 23.1.2025 Karan (Dr. Y.K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad