Nekikar Batham Vs Additional Collector (F and R) and 3 Others

Court No. - 4

Case :- WRIT - C No. - 3569 of 2020

Petitioner :- Nekikar Batham Respondent :- Additional Collector (F And R) And 3 Others Counsel for Petitioner :- Ruduvant Pratap Singh,Hare Krishna Tripathi Counsel for Respondent :- C.S.C.,Ashish Agrawal

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Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1, Sri Amir Khan, Advocate holding brief of Sri Ashish Agrawal, learned counsel for the respondent no. 2.

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This writ petition has been filed by the petitioner with the following prayer to :-

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(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.03.2019 (Annexure No. 4) passed by respondent no. 1.

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(ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to dispossess the petitioner from the land in dispute.

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(iii) issue any writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the petitioner will suffer irreparable loss and injury.

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(iv) award cost of the writ petition to the petitioner.

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A preliminary objection has been raised by learned counsel for the respondent no. 2 with regard to the maintainability of this writ petition on the ground of availability of statutory alternative remedy to the petitioner against impugned order by filing an application u/s 17 (1) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

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Accordingly, the writ petition is disposed of with liberty to the petitioner to pursue the alternative remedy.

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Order Date :- 25.2.2020

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KS

Nekikar Batham v. Additional Collector (F and R) and 3 Others

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Nekikar Batham v. Additional Collector (F and R) and 3 Others

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