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2025 DAILYLAW 67700 (ALL)

SMT. GAYATRI DEVI AND 5 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/19861/2025 · 2025-10-05

Prakash Padia, Vivek Saran

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19861 of 2025 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri J.P.S. Jadaun, learned counsel for the petitioners, learned Standing Counsel for respondent Nos.1 to 4 & Sri Krishna Mohan Asthana, learned counsel for respondent No.5. 2. The petitioners have preferred the present petition with the following prayer:- "I. Issue a writ, order or direction in the nature of certiorari quashing the judgement and order dated 24.08.2024 passed by the Learned Additional District Magistrate (F/R) Aligarh in Case no. 4242 of 2023 (Canara bank vs Gayatri Devi) U/S 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and subsequent orders also be quashed. " 3. Today when the matter is taken up, preliminary objection has been raised by learned counsel for the respondents that against the aforesaid order, statutory alternative remedy is available to the petitioners to file appeal before the Debt Recovery Tribunal having jurisdiction as provided under Section 17 of the Securitisation and Reconstruction of Versus Counsel for Petitioner(s) : Jitendra Pal Singh Jadaun Counsel for Respondent(s) : C.S.C., Krishna Mohan Asthana Smt. Gayatri Devi And 5 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Financial Assets and Enforcement of Security Interest Act, 2002. 4. This fact is also admitted by learned counsel for the petitioners. 5. In this view of the matter, the present petition is dismissed on the ground of availability of statutory alternative remedy. 6. Interim order dated 18.06.2025, extended from time to time, stands vacated. (Vivek Saran,J.) (Prakash Padia,J.) October 6, 2025 saqlain WRIC No. 19861 of 2025 2 Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad