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ALLAHABAD HIGH COURT
Abhinava Upadhya, J.
Ram Krishna Shukla - Appellant
Versus
State of U.P. And 6 Ors. - Respondent
WRIT - C No. - 561 of 2016
Decided On : 08-01-2016
Attachment - Property - The court dismissed the writ petition challenging the attachment of the petitioner's property due to non-payment of dues without notice, stating that the restoration application cannot be decided until the order of attachment is challenged.
Fact of the Case:
The petitioner's property was attached due to non-payment of dues without notice, and the petitioner filed a restoration application which is pending.
Finding of the Court:
The court found no merit in the writ petition and dismissed it, stating that the restoration application cannot be decided until the order of attachment is challenged.
Issues: Attachment of property without notice, challenge to the order of attachment, pending restoration application.
Ratio Decidendi: The restoration application cannot be decided until the order of attachment is challenged.
Final Decision: The writ petition challenging the attachment of the petitioner's property was dismissed.
Abhinava Upadhya, J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents, Sri Diwakar Singh, learned counsel appearing for respondent no.3 and Ms. Chhaya Gupta, Advocate holding brief of Sri Ateeq Ahmad Khan, learned counsel appearing for respondent no.4.
2. By means of this writ petition the petitioner has come up with the grievance that the property of the petitioner has been stated to be attached on account of non-payment of certain dues with the rider that the petitioner shall not sell the same.
3. Learned counsel for the petitioner submits that the said order has been passed without any notice to the petitioner and he has filed restoration application, which is still pending.
4. In my view, since the property of the petitioner has been attached and the condition has been imposed that he will not sell the property, the restoration application cannot be decided as the petitioner has to challenge the order of attachment.
5. There is no merit in the writ petition. It is, accordingly, dismissed.
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