Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67917 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67917 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:101109-DB Court No. - 3 Case :- WRIT - C No. - 20174 of 2025 Petitioner :- Smt Babali Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar,Vijai Kumar Tripathi Counsel for Respondent :- C.S.C.,Ramesh Kumar Shukla Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs: (i) Issue a writ, order or direction in the nature of certiorari to quash the notice dated 12.03.2025 issued by the respondent no.2 and 3. (ii) Issue a writ, order or direction in the nature mandamus directing the respondent no.2 and 3 to cancel the sale deed dated 18.03.2025 in favour of respondent no.4. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 not to interfere in the peaceful possession the petitioner from the house in question area 50.96 sq. meter. (iv) Issue a writ, order or direction in the mandamus directing the respondent no.2 and 3 to give some time to deposit the balance amount of the loan in easy installment by the petitioner."
3. Counsel appearing on behalf of the petitioner has obviously come to this Court late in the day as the auction has already taken place and the sale deed has also been executed by the respondents in favour of third party.
4. It is to be noted that the demand notice had been issued to the petitioner on July 18, 2022 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner should have taken steps with regard to challenging the said proceedings under the Act before the appropriate forum. However, no steps had been taken by the petitioner and he has now approached this Court after the sale has taken place. In light of the same, we find no merit
in the present writ petition.
5. The writ petition is dismissed with liberty granted to the petitioner to approach the appropriate forum in accordance with law. Order Date :- 1.7.2025 Kuldeep (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad