LOKESH KUMAR JOSHI AND ANOTHER v. ADDITIONAL/DISTRICT MAGISTRATE (FINANCE AND REVENUE) AND ANOTHER
WRIC/10395/2026 · 2026-03-18
Ajit Kumar, Swarupama Chaturvedi
body2026
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[ 2026 DAILYLAW 141 (ALL) · dailylaw.ai ]
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[ 2026 DAILYLAW 141 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10395 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of the Constitution, petitioners have prayed for following relief :-
"A) Issue a writ order or direction in the nature of certiorari to quash the impugned order dated 28.01.2026 passed by the Additional District Magistrate (Finance District- and Revenue) Chandauli in Case No.492 of 2025 (Jana Small Finance Bank Limited Vs. Lokesh Kumar Joshi and others). B) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents restraining the respondents from taking physical possession of the land in pursuant to the order impugned."
3. Per contra, it is argued by learned Standing Counsel that the respondent financial institution being a private Bank, this Court may not like to interfere under Article 226 of the Constitution in the light of the judgement in the case of S. Shobha vs. Muthoot Finance Ltd., 2025 SCC OnLine SC 177.
4. We have heard learned counsel for the parties and have perused the relief claimed in this petition and also the judgement in the case of Muthoot Finance (supra) in which the Supreme Court has held that the High Courts should refrain themselves from interfering in matters of debt liabilities and the consequential action taken by such financial institutions under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short the 'SARFAESI Act, 2002') by invoking extraordinary jurisdictional power under Article 226 Versus Counsel for Petitioner(s) : Tarun Kumar Tiwari Counsel for Respondent(s) : C.S.C. Lokesh Kumar Joshi And Another .....Petitioner(s) Additional/District Magistrate (Finance And Revenue) And Another .....Respondent(s)
of the Constitution.
5. In view of the above, we decline to grant indulgence in the matter. However, liberty rests with the petitioners to apply under Section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal, if so advised.
6. Subject to aforesaid liberty, petition stands consigned to records. March 19, 2026 Shiv WRIC No. 10395 of 2026 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad