Neutral Citation No. - 2025:AHC:49849-DB Court No. - 29 Case :- WRIT - C No. - 3930 of 2025 Petitioner :- Nishant Chaudhary And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Counsel for Respondent :- C.S.C.,Ramesh Kumar Shukla Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Rajeev Singh,J. This petition has been filed with the following prayer :- "(i) a writ, order or direction in the nature of Mandamus directing the respondent no.3 Bank to accept the entire due loan amount from the petitioners in easy installments and further not to proceed against the mortgaged house forthwith; (ii) any other writ, order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case; (iii) Award cost of writ petition to the petitioners." It is evident from the pleading that petitioners had taken loan of Rs.27 lakh from the bank on 8.6.2017, the The petitioners took a loan again of Rs.32 lakh from the bank on 8.11.2017, thus total amount of loan is Rs.59 lakh, which was sanctioned in favour of the petitioners by the bank. The petitioners failed to pay the amount determined as E.M.I. regularly and the bank declared the account as N.P.A. on 31.3.2021, showing an outstanding of Rs.66,14,169/-. The bank also issued a demand notice under Section 13(2) of the SARFAESI Act, 2002, thereafter, actual possession order was passed by the respondent no.2 by exercising power under Section 14 of the SARFAESI Act, thereafter eviction notices were issued and auction sale notice was also issued. The petitioners filed Securitization Application No.336/2024 (Nishant Chaudhary and Ors. Vs. Authorized Officer, P.N.B.) before the Debt Recovery Tribunal, Lucknow, such Securitization Application was withdrawn by the petitioners with the liberty to the petitioner to file afresh, thereafter, petitioners filed second Securitization Application No.591 of 2024, which was dismissed on merit on 30.8.2024, in which, petitioners filed a review application, which was also dismissed. Now the petitioners are before this Court seeking the aforesaid reliefs. We have gone through the annexures to the writ petition and found that auction of the property has already taken place. The prayer made in the writ petition is not maintainable as petitioners have not challenged the order passed by the Debt Recovery Tribunal in Appeal, accordingly, the writ petition is dismissed in view of the law laid down by the Hon'ble Apex Court in the case of Union Bank of India Vs. Satywati Tondaon reported in 2010 8 SCC 110. Order Date :- 7.4.2025 Gaurav Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad