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2025 DAILYLAW 80354 (ALL)

SUDHIR KUMR v. DISTRICT MAGISTRATE, MIRZAPUR AND 4 OTHERS

WRIC/25751/2025 · 2025-08-11

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137616-DB Court No. - 3 Case :- WRIT - C No. - 25751 of 2025 Petitioner :- Sudhir Kumar Respondent :- District Magistrate, Mirzapur And 4 Others Counsel for Petitioner :- Wahaj Ahmad Siddiqui Counsel for Respondent :- C.S.C.,Habib Ahmad Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and Sri Habib Ahmad, learned counsel appearing on behalf of the respondent Bank. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is seeking a direction upon the respondent authority to decide the application of the petitioner filed for impleadment in the application filed by the respondent Bank under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. Upon hearing counsel appearing on behalf of the parties and perusing the record, it transpires that the petitioner had earlier approached this Court by way of a petition being Writ-C No.14434 of 2018 which was dismissed by this Court with liberty to the petitioner to approach the Debts Recovery Tribunal by taking recourse to Section 17 of the SARFAESI Act. It appears that the petitioner has not approached the Debts Recovery Tribunal but has filed an application for impleadment before the District Magistrate, Mirzapur. The petitioner now seeks that the application filed by him before the District Magistrate may be decided. 4. We are of the view that the petitioner was required to file an application under Section 17 of the SARFAESI Act but has chosen not to do so. 5. In light of the above, we are of the view that the present writ petition is not maintainable. However, for ends of justice, the District Magistrate, Mirzapur is directed to pass order with regard to the application filed by the petitioner for impleadment in proceedings under Section 14 of the SARFAESI Act that are pending before him. 6. With the aforesaid directions, the writ petition is disposed of. Order Date :- 12.8.2025 Kuldeep (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad