2025:UHC:11300 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS W PMS/ 1 2 4 2 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Ms. Shabana, Advocate holding brief of Ms. Prabha Naithani, Advocate for the petitioners. Mr. Suyash Pant, Standing Counsel for the State. Mr. Ashish Joshi, Advocate for respondent Nos. 2 and 3. Mr. Ravi Bisht, Advocate holding brief of Mr. Aditya Pratap Singh, Advocate for respondent Nos. 4 and 5. 2. Petitioners purchased residential apartments in District Dehradun from respondent Nos. 4 and 5. According to them, property sold out to them was mortgaged with Punjab National Bank, as respondent Nos. 4 and 5 had obtained term loan of 1.50 crore against those properties. 3. Now, the bank has initiated proceedings for recovery of outstanding dues against the property. Thus feeling aggrieved, petitioners have approached this Court, seeking following reliefs: a) Issue a writ order or direction in the nature of Certiorari quashing the impugned e-auction notices dated 23.4.2025 (Annexure no.1) published in daily newspaper Amar Ujala by respondent Bank b) Issue a writ order or direction in the nature of Mandamus directing the respondents not to take possession on 30-04-2025 and not to conduct auction of residential flats of petitioners situated over khasra number 99 and 100 Mauja Chirowali Paragna Parwadoon district Dehradun and further the respondent bank be directed to exclude the residential flats of petitioners from the recovery proceedings initiated by the bank in respect of loan availed by private respondents no. 4&5 and the loan in question be recovered exclusively from borrowers (respondents no. 4&5)and guarantor of loan. 2025:UHC:11300 c) Issue a writ order or direction in the nature of Mandamus directing the respondent no.1 District Magistrate Dehradun to set up a fair and impartial inquiry monitored by this Hon'ble Court regarding irregularities and illegalities committed by respondent bank while sanctioning loan to private respondent no. 4&5.” 4. Today, matter is listed on Interim Relief Application (IA/3/2025), wherein petitioners have sought stay of auction notice, published in newspaper on 02.12.2025. As per said notice, auction is scheduled to be held today. 5. Mr. Ashish Joshi, learned counsel appearing for Bank submits that petitioners have approached Debts Recovery Tribunal, Dehradun by filing Securitisation Application No. 143 of 2025, which is posted today for orders, in which, Interim Relief Application, filed by petitioners, is likely to be considered. 6. Since petitioners have approached Debts Recovery Tribunal, which is the proper forum for resolving the dispute raised by petitioners in this writ petition, therefore this Court is not inclined to entertain the writ petition. No one can avail two remedies simultaneously. 7. Thus, writ petition is disposed of with a request to Debts Recovery Tribunal, Dehradun to consider the Interim Relief Application, filed by petitioners in pending Securitisation Application No. 143 of 2025. (Manoj Kumar Tiwari, J.) 17.12.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.12.18 18:18:32 +05'30' 2025:UHC:11300