Court No. - 32
Case :- WRIT - C No. - 39026 of 2018
Petitioner :- Rafeeq Ahmad And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subodh Pandey Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
This writ petition has been filed, inter alia, for the following relief:
(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned possession notice dated 6.10.2018 issued by the respondentno. 4 showing due amounts of Rs. 635292/- and other charges against petitioners vide Annexure no. 4 to this writ petition."
From perusal of the record, it transpires that under the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 ( in short the 'Act'), proceedings have been taken and possession notice has been issued. The present writ petition is not maintainable before this court as the petitioner has got an alternative remedy by taking appropriate proceedings under the Act before the appropriate forum against the impugned notice.
In view of the above, we are not inclined to entertain this writ petition and the same is hereby dismissed on the ground of alternative remedy.
Order Date :- 29.11.2018 MLK