Niyaz Ahmad v. State of U.P. and 5 Others

Court No. - 6 Case :- WRIT - C No. - 27897 of 2023 Petitioner :- Niyaz Ahmad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rafiuddin Ansari Counsel for Respondent :- CSC,Krishna Mohan Asthana Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Rafiuddin Ansari, learned counsel for the petitioner, Mr. Krishna Mohan Asthana, learned counsel for the respondent no.4 and learned Standing Counsel for the State-respondents. This writ petition has been filed by the petitioner with a prayer to quash the impugned order dated 18.12.2014 passed in O.A. Case No.455 of 2011 (Canara Bank vs. M/s Maruti Zone and others) as well as recovery certificate dated 19.12.2014 issued by recovery officer and a further prayer to stay the effect and operation of the aforesaid order and a further prayer to direct the respondents not to dispossess the petitioner from the property in question. At the very outset, learned counsel for the respondent no.4 submits that this is a belated petition filed by the power of attorney holder. There is nothing on record to show that between the period 2014 to 2023, the petitioner did not have knowledge of the orders passed. Even otherwise, against the impugned orders, there is an alternative remedy of filing an appeal before the DRAT. Accordingly, the writ petition is dismissed as not maintainable. Order Date :- 31.10.2023 Jitendra/- High Court of Judicature at Allahabad