LAWS(ALL)-2023-8-160

SANJEEV RASTOGI Vs. STATE OF U. P.

Decided On August 09, 2023
SANJEEV RASTOGI Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Shri Vineet Kumar Sahu, learned counsel for the petitioner, Shri Sandeep Arora, learned counsel for respondent No. 3-Union Bank of India and learned Standing Counsel for State-respondent Nos. 1 and 2. None for respondent No. 4.

(2.) The writ petitioner claims to be a tenant of shop situate at 253, Jagdishbagh Attarsuiya, Nagar Nigam, Food Safety Zone-05, Allahabad. The shop is part and parcel of the premises No. 253A/334, Attarsuiya in front of Attarsuiya Police Station, Pargana and Tehsil Sadar, Prayagraj owned by one Vishal Kumar Singh son of late Shri Lalji Singh, the respondent No. 4 herein. The petitioner has approached this Court with a relief for quashing the order dtd. 20/2/2023 passed by the respondent No. 2 in proceedings under Sec. 14 of SARFAESI Act, 2002 and further praying that he may not be dispossessed from the shop in question under the order dtd. 20/2/2023.

(3.) It is the case of the petitioner that he is a valid tenant of the shop and there is a regular suit, being Suit No. 10 of 2020 pending adjudication before the Civil Court between him and his landlord/respondent No. 4. The petitioner is depositing the rent of the premises regularly. The impugned order is completely exparte and is not binding upon the petitioner yet the respondents are compelling the petitioner to vacate the shop from which the petitioner earns his livelihood.