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2025 DAILYLAW 93806 (ALL)

DEEPAK TRADING COMPANY AND ANOTHER v. STATE OF U.P. AND 13 OTHERS

WRIC/32368/2025 · 2025-09-22

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32368 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the petitioners, learned Standing Counsel appearing on behalf of the State respondents, Sri Pankaj Kumar Ojha, learned counsel appearing on behalf of the Bank being the respondent respondent No.6 herein and Sri H.N. Singh, learned Senior Advocate assisted by Sri Lok Nath Shukla, learned counsel appearing on behalf of the respondent Nos.7 & 8. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have sought for the following substantial relief: "(i) Issue a writ, order or direction in the nature of Certiorari for quashing the order dated 09.05.2025 (Annexure-5) passed by the Respondent No 3 (Additional District Magistrate (F & R), District Allahabad). (ii) Issue a writ, order or direction in the nature of Mandamus commanding to Respondent No 3 (Additional District Magistrate (F & R), District Allahabad) to correct the name of the Father's of respondent no. 8 in order dated 12.09.2024 passed by respondent no. 3 under section 14 of the SARFEASI Act, 2002 by passing a fresh order on Correction application dated 03.01.2025 filed by the respondent no. 6 (A. O. State Bank of India). Versus Counsel for Petitioner(s) : Arpita Tarmali, Sanjay Kumar Gupta Counsel for Respondent(s) : C.S.C., Lok Nath Shukla, Pankaj Kumar Ojha, Raj Kumar Tiwari, Satish Chaturvedi Deepak Trading Company And Another .....Petitioner(s) State Of U.P. And 13 Others .....Respondent(s) (iii) Issue a writ, order or direction in the nature of Mandamus commanding to respondent bank as well as respondent no. 4 & 5 for handing over the physical possession of the property in question Land & Building situated at House No. 619 (Old) & 942 (New), Mutthiganj, Allahabad standing in the name of Sudhir Kumar Kesharwani & Neeraj Kumar Jaiswal having area 72.79 Sq. Mt. to the Petitioners in pursuance to Sale Certificate dated 25.08.2024 after correction the name of the Father's of respondent no. 8 in order dated 12.09.2024 passed by respondent no. 3 under section 14 of the SARFEASI Act, 2002." 3. Upon hearing counsel appearing on behalf of the parties, we are of the view that since an order has been passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the respondent Bank and the other parties including the petitioners may challenge the same before the Debts Recovery Tribunal in accordance with law. 4. We do not find it fit to interfere in this matter at this stage. 5. Accordingly, the writ petition is disposed of with liberty granted to the parties to approach the Debts Recovery Tribunal in accordance with law. In the event, an application is filed by any of the parties, the Tribunal is directed to expeditiously hear the said matter. September 23, 2025 Kuldeep WRIC No. 32368 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad