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2025 DAILYLAW 99692 (ALL)

NEERAJ AND ANOTHER v. STATE OF UTTAR PRADESH AND ANOTHER

WRIC/33405/2025 · 2025-10-06

Indrajeet Shukla, Saumitra Dayal Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33405 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Present writ petition has been filed by the petitioner who is primarily aggrieved by the action of private respondent no.2 - Aadhar Housing Finance Limited repeatedly pursuing under the SARFAESI Act. 2. At the outset, learned Standing Counsel has raised a preliminary objection that the writ petition is not maintainable in view of the status of the private corporation and also for reason of statutory remedy available to the petitioners. 3. On the other hand, learned counsel for the petitioners has referred to the earlier order passed in the case of the present petitioners itself whereby similar writ petition had been entertained. 4. Having heard learned counsel for the parties and having perused the record, to the extent earlier order does not lay down any law and respondent no.2 is a private entity and further statutory remedy is available to the petitioners, interference claimed under Article 226 of the Constitution of India is declined. Versus Counsel for Petitioner(s) : Byas Kumar Prasad, Manish Kumar Singh Counsel for Respondent(s) : C.S.C. Neeraj And Another .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s) 5. Leaving it open to the petitioners to pursue their statutory remedy in accordance with law,present writ petition is disposed of. If such remedy is availed before the competent authority within a period of two weeks from today, the same may be dealt with and decided as expeditiously as possible, preferably within a period of two months. October 7, 2025 Abhilash WRIC No. 33405 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad