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2025 DAILYLAW 157925 (ALL)

SMT. GUDDI RANI v. AUTHORIZED OFFICER INDIAN BANK ALIGANJ BRANCH LUCKNOW AND 6 OTHERS

WRIC/7857/2025 · 2025-08-19

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48569-DB Court No. - 2 Case :- WRIT - C No. - 7857 of 2025 Petitioner :- Smt. Guddi Rani Respondent :- Authorized Officer Indian Bank Aliganj Branch Lucknow And 6 Others Counsel for Petitioner :- Bhupendra Nath Tripathi Counsel for Respondent :- Gopal Kumar Srivastava Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.2 to 5 and Shri Akash Deep Srivastava holding brief of Shri Gopal Kumar Srivastava on behalf of the Opposite party no.1. 2. This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties nos.2 to 5 to forthwith handover the vacant physical possession of the property in question i.e. House Built on Plot No.1, Minjumla of Khasra No.292 Sa, 293 Sa and 297 Sa measuring 195.17 square meter situated at Balaganj, Vrindavan Vihar Colony, Gaushala Road, Lucknow, to the Opposite party no.1 and the opposite party no.1 be directed to deliver the vacant physical possession of the property in question to the petitioner as per the Sale Certificate dated 13.06.2025 as contained in Annexure No.1 to the writ petition and execute the Sale Deed within such time bound period as may be deemed fit and fixed by this Hon'ble Court. ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit, just and proper in the circumstances of the case. iii) Allow the writ petition with costs." 3. The learned Standing Counsel on the basis of instructions says that the Bank has filed an application under Section 14 of the SARFAESI Act for delivering of physical possession of the property in question to which an order has already been passed under Section 14 and 28.08.2025 has been fixed for compliance of the order that is for handing over possession. 4. This writ petition is disposed of with a direction to the District Authorities to ensure compliance of their own order on the next date fixed further. Order Date :- 19.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench