HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38074 of 2024 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. List of fresh cases has been revised. Nobody is present on behalf of petitioner though Shri Jainendra Kumar Mishra, learned counsel appearing on behalf of Respondent Nos.2 to 4. as well as learned Standing Counsel appearing on behalf of respondent no.1. 2. The petitioner has preferred the present writ petition inter-alia with the following prayers:- "a. Issue a writ, order or direction, in the nature of MANDAMUS commanding the respondent authorities for handing over the possession of the property acceptance of bid of assets located at private plot No.4 arazi No.1570 Ka Juj Bhag Mauja Barasirohi Kanpur Nagar, against the bid/offer dated 24.04.2019. b. Issue a writ, order or direction, in the nature of MANDAMUS commanding the respondent authorities to refund the bid amount as deposited by the petitioner at the time of confirmation of sale of immovable property before 08.05.2019 with 12% interest to the petitioner within stipulated period, otherwise it will be irreparable loss and injury to the Petitioner." 3. The following order was passed by this Court on 18.04.2025:- "1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- "a. Issue a writ, order or direction, in the nature of mandamus commanding the respondent authorities for handing over the possession of the property acceptance of bid of assets located at private plot No.4 arazi No.1570 Ka Juj Bhag Mauja Barasirohi Kanpur Nagar, against the Versus Counsel for Petitioner(s) : Bhupendra Pal, Pankaj Kumar Ojha Counsel for Respondent(s) : C.S.C., Jainendra Kumar Mishra Jogendra Singh .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) bid/offer dated 24.04.2019. b. Issue a writ, order or direction, in the nature of mandamus commanding the respondent authorities to refund the bid amount as deposited by the petitioner at the time of confirmation of sale of immovable property before 08.05.2019 with 12% interest to the petitioner within stipulated period, otherwise it will be irreparable loss and injury to the petitioner. c. Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case." 3. Learned counsel appearing on behalf of the bank submits that in spite of order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 passed by the District Magistrate with regard to possession being taken over by the bank, the bank is unable to take possession due to certain miscreants who have illegally grabbed the portion of the premises. He submits that police assistance may be given to him so that they can take possession of the property and handover the same to the petitioner who is the auction purchaser. 4. It is to be noted that the auction was carried out in the year 2019 and the petitioner has deposited his earnest money, that is, Rs.6.52 lakhs on April 24, 2019. 5. In light of the situation that is emerged, we direct the Commissioner of Police to look into this matter directly and ensure that the police assistance is provided to the bank immediately. The Commissioner of Police must act in accordance with law and ensure that the possession is handed over to the bank within a period of two weeks from date. The bank is directed to write to the Commissioner of Police with a copy of the order passed today forthwith. 6. List this matter on May 21, 2025, as fresh for indicating compliance of the order passed today in Court. " 4. Today when the matter is taken up, counsel for the respondent Shri Jainendra Kumar Mishra, learned counsel placed before this Court the letter dated 19.09.2025 written by the petitioner to the Authorized Officer, Punjab National Bank, Circle Office, Birhana Road, Kanpur City that Agreement dated 04.09.2025 executed between the parties. 5. It is stated in paragraph-7 of the aforesaid affidavit that both the parties will submit a notice of settlement of the matter amicably before the Court on 08.09.2025 and will request to withdraw or dismiss the aforesaid petition which is pending before the Court. 6. In this view of the matter, no further orders are required to be passed and the WRIC No. 38074 of 2024 2 present writ petition is liable to be dismissed as having become infructuous, specially on the ground of paragraph-7 of the affidavit. 7. Accordingly, the writ petition is dismissed as having become infructuous. . (Vivek Saran,J.) (Prakash Padia,J.) October 6, 2025 Swati WRIC No. 38074 of 2024 3 Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad