Dismissed

Mr. Ankit Gupta and Others v. State of U.P. Thru. Secy. Home, Lko. and Others

Allahabad HC24 Apr 2024A227/2048/2024

Case brief

AI extract

What is this about?

This single-judge court addressed a petition seeking directions to expedite proceedings before the Debts Recovery Tribunal and to stay execution. The court held that granting such directions would modify a prior Division Bench order, equipping the petitioner to seek relief via an application before the Division Bench instead. The petition was dismissed.

What did the court decide?

No direction was as sought by the petitioner as it would modify a Division Bench order; petition dismissed with instruction to move appropriate application before the Division Bench.

Mr. Ankit Gupta and Others vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:32069

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 2048 of 2024

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Petitioner :- Mr. Ankit Gupta And Others Respondent :- State Of U.P. Thru. Secy. Home, Lko. And Others

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Counsel for Petitioner :- Jyoti Rajpoot,Gaurav Gupta Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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Heard Shri Gaurav Gupta, learned counsel appearing for the petitioner, learned Standing Counsel appearing for respondent nos. 1, 2, 4 and 6 as well as Shri Deepak Singh, who has filed Vakalatnama on behalf of respondent no. 3, and perused the material available on record.

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In pursuance of certain recovery proceedings initiated by respondent no. 3, the property of the petitioner is sought to be attached. It is in the aforesaid circumstances, respondent no. 3 had approached this Court by filing a writ petition bearing WritC No. 2431 of 2024, which was disposed of by means of order dated 14.03.2204. In the said writ petition, a prayer was sought by respondent no. 3 to the District Magistrate, Lucknow to proceed expeditiously with regard to proceeding under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and hand over the possession of the disputed property to respondent no. 3. The aforesaid writ petition was disposed of by this Court on 14.03.2024 by the following orders:-

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"1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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2. Petitioner has approached this Court claiming that though the order under Section 14 of the SARFAESI Act, 2002, is passed on 27.12.2023, but till date the same is not given effect to.

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3. Learned Standing Counsel states that appropriate legal procedure would be adopted to get the property vacated. He assures the Court that the District Magistrate, Lucknow and the S.H.O. concerned would positively give effect to the order passed under Section 14 of the SARFAESI Act, 2002, as early as possible.

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4. The present writ petition is disposed of with a direction to the District Magistrate, Lucknow and the Station House Officer, P.S. Para, Lucknow (respondent nos. 2 & 6 respectively) to ensure that order dated 27.12.2023 is given effect to forthwith, say within a period of two months from the date of production/receipt of a certified copy of this order."

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Learned counsel for petitioners, on the other hand, has submitted that he had preferred a Securitization Application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal, Lucknow assailing the order dated 27.12.2023 passed by the Additional District Magistrate, (Trans Gomti), Lucknow under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which is pending consideration.

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The petitioner has approached this Court for a direction to the Debts Recovery Tribunal, Lucknow to expedite the proceedings, inasmuch as, the disputed property is being sought to be attached on 26.04.2024 as well as to stay the schedule execution dated 26.04.2024 of the actual possession order dated 27.12.2023 passed by the Additional District Magistrate (Trans Gomti) Lucknow till final disposal of the securitization application.

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This Court on noticing the previous order of Division Bench of this Court dated 14.03.2024 passed in Writ-C No. 2431 of 2024 and specially with regard to the paragraph no. 4 of the order passed by the Division Bench of this Court where the District Magistrate, Lucknow and Station House Officer, Police Station Para, Lucknow have been directed to ensure that order dated 27.12.2023 is given effect to forthwith within a period of

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two months it is of the considered view that any order is passed by this Court in favour of the petitioner it would amount to modifying the order of the Division Bench dated 14.03.2024.

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Accordingly, this Court is of the considered view that any order passed in favour of the petitioner would amount to modifying the order of the Division Bench and accordingly the grievance, if any, of the petitioner in the present case can only be addressed by moving the appropriate application before the Division Bench of this Court in Writ-C No. 2431 of 2024, which had issued a direction to the District Magistrate, Lucknow as well as Station House Officer, Police Station Para, Lucknow to ensure that the order dated 27.12.2023 is given effect to forthwith.

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In light of the above, no direction as sought by the petitioner can be given in the present case, hence, subject to the aforesaid direction, this petition is dismissed.

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(Alok Mathur, J.)

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Order Date :- 24.4.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Mr. Ankit Gupta and Others v. State of U.P. Thru. Secy. Home, Lko. and Others

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Mr. Ankit Gupta and Others v. State of U.P. Thru. Secy. Home, Lko. and Others

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