Allahabad High Court · 2026-01-21
WRIT - C No. 2002 of 2026 at Allahabad
- Citation / case number
- WRIT - C No. 2002 of 2026 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- WRIT - C No. 2002 of 2026 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 2002 of 2026 Radheyshyam Borele .....Petitioner(s) Versus Additional District Magistrate (Finance And Revenue) And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Harsh Kumar Mishra Counsel for Respondent(s) : C.S.C., Krishna Mohan Asthana Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Harsh Kumar Mishra, learned counsel for the petitioner as well as Sri Mukul Tripathi, learned Standing Counsel for the State- respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order of dated 14.02.2025 passed by the prescribed authority under Section 14 of SARFAESI Act, 2002. 3. Opposing the writ petition, learned Standing Counsel submitted that bank has proceeded under Section 13(4) of the SARFAESI Act, 2002 and application for delivery of possession is only a consequential step taken by the bank. He submits that petitioner has an alternative efficacious remedy under Section 17 of SARFAESI Act, 2002 to move before the Debt Recovery Tribunal against the auction sale. 4. Learned counsel for the petitioner could not dispute the above legal p