Sushila Jaiswal vs Regional Stressed Assets ...
2022 Latest Caselaw 1356 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 4587 of 2022
 

 
Petitioner :- Sushila Jaiswal
 
Respondent :- Regional Stressed Assets Recovery Branch And Another
 
Counsel for Petitioner :- Ram Kishun Misra
 
Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the petitioner, learned Standing Counsel and Sri Arun Prakash who is appearing for respondent no. 1.

The present petition has been filed for seeking the following reliefs:-

"i. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the petitioner's application dated 28.12.2020 and separate the petitioner's land/plot measuring 859 sq. meter (9243.75 sq. feet) situated in the village- Siddiqpur, Pargana Haveli, Tahsil Sadar, District Jaunpur from other plots situated along with that plot in Araji No. 825 situated in the aforesaid village- Siddiqpur, Pargana Haveli, Tahsil Sadar, District Jaunpur.

ii. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

iii. Award the cost of the petition in favour of the petitioner."

The learned counsel for the petitioner by drawing attention to order sheet of the Debt Recovery Tribunal submitted that since the D.R.T. is overburdened, therefore, the Tribunal is not able to take up the matter on merits and now, again next date in July, 2022 has been fixed. Submission therefore, is that in this view of the matter this Court should entertain the present petition for the relief as prayed for.

Learned counsel appearing for respondents submits that the present petition is not maintainable.

We have considered the submission and perused the record. On perusal of record we find that petitioner has approached this Court on the earlier occasion by filing Writ-C No. 1321 of 2021 (Shushila Jaiswal Vs. Regional Stressed Assets Recovery Branch And 4 Others) which was dismissed as not maintainable vide judgment and order dated 27.01.2021.

From the perusal of the aforesaid judgement, we find that almost similar prayer was made in the aforesaid petition and the petition was dismissed as not maintainable. We do not find any good ground to take a different view of the matter.

Accordingly, the present petition is dismissed as not maintainable. However, it is always open for the petitioner to move an application before the D.R.T. for expeditious disposal of her case.

Order Date :- 25.4.2022

Nisha