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Neutral Citation No. - 2025:AHC:111708 Court No. - 9 Case :- WRIT - C No. - 21875 of 2025 Petitioner :- Ranjit Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brahm Prakash Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned Counsel for the parties and perused the record.
2. The present petition has been filed for the following relief :
"I. issue a writ, order or direction in the nature of certiorari quash the order dated 13.06.2025 and stop the auction sale dated 17.07.02025, order passed by D.R.T. in D.R.C. No. 89 of 2024 (I.D.B.I. Bank Ltd. Versus Sri Krishna and anotehr), otherwise applicant/ Petitioner shall suffer an irreparable loss and injury. II. issue a writ, order or direction in the nature of Mandamus, directing the respondents no. 2 to not auction sale to the house of the petitioner and dispossess the peaceful living of the petitioner till date the rest amount is got the to the petitioner or cases is which is pending in the courts are decide."
3. A preliminary objection has been raised by Sri Deepak Kapoor, learned counsel for the respondent-Bank that against the order passed by the Recovery Officer, which is challenged in the present petition, the petitioner has the remedy of filing an appeal before the DRT under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993.
4. In view of the same, I am not inclined to interfere in the matter.
5. The present petition is disposed of with liberty to the petitioner to challenge the
order before the appropriate forum.
6. Certified copy of the impugned order be returned to the petitioner as per rule after retaining photostat copy of the same on the record.
Order Date :- 11.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad