Vidya Sagar vs The Collector/District Magistrate ...
2024 Latest Caselaw 37228 ALL

Allahabad High Court

Vidya Sagar vs The Collector/District Magistrate ... on 12 November, 2024

Bench: Rajan Roy, Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:74423-DB
 
Court No. - 2
 

 
Case :- WRIT - C No. - 9602 of 2024
 

 
Petitioner :- Vidya Sagar
 
Respondent :- The Collector/District Magistrate Lakhimpur Kheri And 4 Others
 
Counsel for Petitioner :- Dileep Kumar Yadav,Aman Agarwal,Basant Lal Yadav
 
Counsel for Respondent :- C.S.C.,Krishan Kanhaya Pal
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Manish Kumar,J.

1. Sri Ashok Kumar Singh, Advocate has filed Vakalatnama on behalf of the Bank which is taken on record.

2. Heard.

3. Perused the relief clause of the writ petition. Earlier a petition bearing Writ-C No.5082 of 2023 was filed which was dismissed on 21.06.2023 with liberty to the petitioner approach the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, 2002 (in short 'the Act, 2002'). The said judgment has not been challenged by the petitioner neither has he approached the Debt Recovery Tribunal. Now, he files this petition seeking permission to file the case before the Debt Recovery Tribunal on the pretext that the period prescribed for filing the application under Section 17 of the Act, 2002 has expired.

4. We fail to understand as to how such a relief can be considered under Article 226 of the Constitution of India.

5. Accordingly, the petition is dismissed without prejudice to the rights of the petitioner to prefer such proceedings under Section 17 of the Act, 2002 as far as it may be permissible in law.

(Manish Kumar,J.) (Rajan Roy,J.)

Order Date :- 12.11.2024

Shanu/-