Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7566 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2120/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Gaurav Singh, learned counsel for the petitioner.
2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.
3. By means of this writ petition, petitioner has sought the following reliefs:-
(i) Issue a writ, order or direction in the nature of certiorari calling the entire records from the respondents authorities and quash the illegal sealing of the petitioner’s premises/house on 24.05.2025 by Respondent No. 1 and 2. (ii) Issue a writ, order or direction in the nature of Mandamus directing Respondents to immediately unseal and restore possession of the petitioner’s premises/house.
4. According to petitioner, District Magistrate, Haridwar has passed an
order under Section 14 of SARFAESI Act, whereby permitting respondent no. 2 to take possession of petitioner’s property, although he has nothing to do with respondent no. 2 and he has never taken any loan from ICICI Bank.
5.
Learned counsel for petitioner submits that it is petitioner’s neighbour, namely, Aftab Sheikh (respondent no. 3) who has taken loan, therefore, proceedings, if any, should be initiated only against respondent no. 3.
6. Learned State Counsel rightly submits that factual dispute, raised by
2025:UHC:7566 petitioner regarding identity of property, cannot be entertained in a writ petition.
7. The writ petition is, however,
disposed of with liberty to petitioner to approach District Magistrate by making a representation, which shall be dealt with, within three weeks from the date of its receipt.
(Manoj Kumar Tiwari, J)
26.08.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f98 02a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5 C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.26 05:21:39 -07'00'