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2025 DAILYLAW 118219 (ALL)

DEEP MALA TIWARI v. UNION OF INDIA THRU. ITS SECY. MINISTRY OF FINANCE NEW DELHI AND 2 OTHERS

/481/2025 · 2025-01-24

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4914-DB Court No. - 2 Case :- WRIT - C No. - 481 of 2025 Petitioner :- Deep Mala Tiwari Respondent :- Union Of India Thru. Its Secy. Ministry Of Finance New Delhi And 2 Others Counsel for Petitioner :- Satyendra Kumar Tiwari Counsel for Respondent :- A.S.G.I.,Prashant Kumar Srivastava Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. The petitioner, widow of the guarantor has filed this writ petition under Article 226 of the Constitution of India challenging the sale notice. The contention is that only the residential premises has been put to auction oblivious of the fact that the guarantor husband has already died on 14.02.2023. The notice was also in the name of dead person i.e. the guarantor husband. On being confronted, Shri Prashant Kumar Shrivastava, learned counsel appearing for the Bank submits that now this fact has come to the knowledge of the Bank, thus, it will withdraw the notice and fresh proceedings would be held against the petitioner as she has inherited the property of the guarantor husband. At this stage, he says that the notice may be quashed with liberty to the Bank to proceed, afresh. We accordingly, quash the impugned notice with liberty however to the Bank to proceed, as fresh against the persons liable, as per law. Writ petition is disposed of. Order Date :- 24.1.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench