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2025 DAILYLAW 183707 (ALL)

DAYA RAM and ANR. v. SAHKARI AWAS NIRMAN EVAM VITT NIGAM LTD. and ORS.

WRIC/22555/2020 · 2025-11-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 22555 of 2020 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioners and perused the pleadings on record. This writ petition has been filed with the following prayer :- (i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties concerned to take the necessary action into the matter on the applications submitted by the petitioner time to time for compliance of the order/award dated 16.06.2008, judgement and order dated 12.06.20 15 and order dated 14.02.2020 passed by this Hon'ble court also release the mortgaged property paper of the petitioner which is mortgaged under the opposite parties concerned in the interest of justice. (ii) Issue a writ.order or direction in the nature of mandamus commanding the opp.parties to provide the compensation for mental and physical harassment of the petitioner for not providing and releasing the property mortgaged documents of the petitioner by the opp.parties concerned since Year 2008 to onwards as the Hon'ble court may deem just, fit and proper under the circumstances of the case in the interest of justice. It appears that the petitioners had taken a loan from the respondent, Sahkari Awas Nirman Evam Vitt Nigam, and a dispute arose regarding default in payment. The petitioners approached the Registrar, who passed an award on 16.06.2008 in their favour. Against this award, the respondents filed an appeal before the Tribunal, registered as Appeal No. 78 of 2010. The appeal was rejected on 12.06.2015, and the award was affirmed. Versus Counsel for Petitioner(s) : Virendra Kumar Tripathi Counsel for Respondent(s) : Anuj Kudesia Daya Ram And Anr. .....Petitioner(s) Sahkari Awas Nirman Evam Vitt Nigam Ltd. And Ors. .....Respondent(s) Against the said order and the award, the respondents filed Writ Petition No.7711 (MS) of 2015, Sahkari Awas Nirman Evam Vitt Nigam Ltd. & Others vs. Uttar Pradesh Coop. Tribunal and Others. The writ petition was dismissed on 14.02.2020 and the award thus attained finality between the parties. However, the property kept as mortgage by the petitioners has not been released to date. Therefore, the petitioners submitted a representation, and in this writ petition, they have prayed for a direction to the respondents to take appropriate action for release of the mortgaged property in terms of the award dated 16.06.2008. We dispose of the writ petition with a direction to respondent no.1 to decide the petitioners' representation by a reasoned and speaking order within a period of four weeks from the date a copy of this order is produced before him. In case the petitioners are found entitled to release of their mortgaged property, such release shall also be ensured by respondent no.1. November 20, 2025 Ashish Dewal WRIC No. 22555 of 2020 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench