HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35507 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Veerendra Kumar Shukla, learned counsel for the petitioners; Sri Prashant Kumar Pandey, learned counsel for the bank and Sri Mukul Tripathi, learned Standing Counsel for the State-respondents. 2. Present writ petition has been filed for the following relief : "Issue a writ, order or direction in the nature of Mandamus, commanding/directing to the respondents to hand over the physical possession of the property to the petitioners in pursuance of the sale certificate dated 19.04.2017 i.e. (all that part and parcel of the property situated at EWS House No. 269 Azad Nagr Moradabad measuring 71.34 Sq. Mtrs. forthwith." 3. Learned counsel for the petitioner and learned counsel for the bank state, arising from the proceedings under Section 14 of the SARFAESI Act, earlier vide its order dated 23.12.2017 passed in S.A. No. 80 of 2017 (Ishrat Ali Vs. A.O. Punjab National Bank) filed by the borrower had been allowed. Therefore, the property auctioned on 19.04.2017 in favour of the petitioner could not be delivered to them. Recently, vide order dated 20.08.2025 passed in Regular Appeal No. 36 of 2018 (Punjab National Bank Vs. M/S Ishrat Ali & 2 Ors.), a consented order has been Versus Counsel for Petitioner(s) : Veerendra Kumar Shukla Counsel for Respondent(s) : C.S.C., Ramesh Kumar Shukla Javed Anwar And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) passed, wherein it has been observed as below : "Shri Ishrat Ali, respondent no.1 appears in person and files an affidavit dated 20.08.2025 stating therein that he does not want to contest the matter and he has no objection, if the order impugned dated 23.12.2017 passed by the Tribunal below is set aside and the property already auctioned is given to the auction purchasers by issuing sale certificate." 4. No further proceeding has been filed by the borrower to resist the auction. Thus, the order of the DRAT dated 20.08.2025 has attained finality. 5. In view of the above, no useful purpose may be served in keeping the present petition pending or calling for a counter affidavit, at this stage. 6. Accordingly, the present writ petition is disposed of with the observation, if there is no legal impediment in giving effect the order dated 20.08.2025 passed by DRAT, Allahabad in Regular Appeal No. 36 of 2018 (Annexure No. 4 to the writ petition), the possession of the auctioned property may be delivered to the petitioners no later than 30.11.2025. 7. Learned Standing Counsel may communicate a copy of this order to respondent no.2 on or before 31.10.2025. October 17, 2025 Abhilash WRIC No. 35507 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad