Om Prakash Joshi v. State of U.P. and 3 Others

Court No. - 3 Case :- WRIT - C No. - 37367 of 2023 Petitioner :- Om Prakash Joshi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- CSC,Krishna Mohan Asthana Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.

¶1This writ petition has been filed for quashing the order dated 07.05.2022 by which an order has been passed that the possession of the petitioner's property be taken over. Learned counsel for the petitioner has assailed this order on the ground that the reply of the petitioner was not considered.

¶2Sri K.M. Asthana, learned counsel for the Bank has, relying upon the decision passed by this Court in the case of Shipra Hotels Limited and another vs. State of U.P. and others reported in 2022 (12) ADJ 473 (DB), stated that the petitioner was not required to be heard.

¶3Having heard the learned counsel for the parties, we are of the view that no interference is warranted. However, if the petitioner is aggrieved by the order impugned, he may approach the D.R.T. under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

¶4With these observation, the writ petition stands disposed of. Order Date :- 30.10.2023 M.S. Ansari (Manoj Bajaj, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad