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2025 DAILYLAW 143412 (ALL)

MOHD. ASHFAQ v. UNION OF INDIA THRU. SECY. OF MINISTRY FINANCE DEPTT. NEW DELHI AND 4 OTHERS

WRIC/5461/2025 · 2025-06-06

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34848-DB Court No. - 2 Case :- WRIT - C No. - 5461 of 2025 Petitioner :- Mohd. Ashfaq Respondent :- Union Of India Thru. Secy. Of Ministry Finance Deptt. New Delhi And 4 Others Counsel for Petitioner :- Manuvendra Singh Counsel for Respondent :- A.S.G.I.,Anurag Srivastava Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. Heard Shri Manuvendra Singh, learned counsel for the petitioner and Shri Anurag Srivastava, learned counsel for the Bank. We had already decided the earlier writ petition of the petitioner bearing Writ - C No. 4068 of 2025 in following terms on 01.05.2025:- "Shri Saurabh Mishra, learned Counsel has filed memo of appearance on behalf of the opposite party no. 1 i.e. Union of India. Heard. The petitioner seeks Mandamus to the opposite party no. 5, State Bank of India, Branch - Leelpur, District - Pratapgarh, to return Rs. 17,00,000/- allegedly cheated from the petitioner's savings account bearing number 30124156568 through indemnity bond. The petitioner may approach the opposite party no. 5 or higher authority or avail such other remedies, as may be prescribed in law, as such issues cannot be seen under Article 226 of the Constitution of India, as it necessarily involves factual inquiry. The writ petition is disposed of in the aforesaid terms." We had expressed a disinclination to entertain this writ petition for the reasons mentioned in the aforesaid quoted order. Today, Shri Anurag Srivastava, learned counsel for the Bank says that in fact a decision had already been taken on 27.06.2024, a copy of which is annexed as Annexure No. 7 to the writ petition, however, in deference to our order dated 01.05.2025 a fresh decision would be taken on the application of the petitioner dated 15.05.2025. We do not express any opinion on the statement of Shri Srivastava, as, we have already decided the earlier writ petition and there is no occasion for us to entertain this writ petition. With the aforesaid observations, the writ petition is disposed of. This order will not come in the way of the Bank in deciding the application of the petitioner dated 15.05.2025. . (Praveen Kumar Giri,J.) (Rajan Roy,J.) Order Date :- 6.6.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench