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2025 DAILYLAW 109464 (ALL)

PARASNATH JAISAWAL v. State of UP AND 3 OTHERS

WRIA/19214/2024 · 2025-09-09

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 19214 of 2024 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner by means of present writ petition has prayed for following relief: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue an ad-interim mandamus, commanding the respondent authorities to pay the auctioned money of Rs.2,00,000/- along with interest @ 12% per annum from the date of auction till the final and actual payment is made to the petitioner, within stipulated period to be specified by this Hon'ble Court." 3. According to the petitioner, the petitioner has purchased a vehicle in the auction held on 15.05.2001. The grievance of the petitioner is that despite the fact that the petitioner has purchased the vehicle in auction neither the vehicle has been handed over to the petitioner nor the money which was deposited by the petitioner, has been refunded. Undisputed fact from the record is that the petitioner was handed over the vehicle and subsequently, the vehicle of the petitioner was challaned and in such view of the fact, the grievance of the petitioner is misconceived. 4. Even otherwise the cause of action has accrued to the petitioner in the year 2001 whereas the writ petition has been filed after an inordinate delay of about 23 years in the year 2024. The petitioner has not explained the delay and latches in the writ petition for inordinate delay of 23 years in filing the writ petition. Versus Counsel for Petitioner(s) : Pramod Kumar Singh, Tripathi B.G. Bhai Counsel for Respondent(s) : Krishna Dutt Mishra, C.S.C. Parasnath Jaisawal .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) 5. For the aforesaid reason, we did not find any merit in the writ petition, accordingly, the writ petition is dismissed with no order as to cost. September 10, 2025 Mohit WRIA No. 19214 of 2024 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad