HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10923 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief(s): "I. Issue a writ, order or direction in the nature of MANDAMUS directing the Respondent-Bank to refund the sale consideration amount of Rs.15,01,000/- (Rupees Fifteen Lakh One Thousand only) to the Petitioner along with interest @24% per annum from the date of deposit till realisation." 3. It is clear from the facts as illustrated in the writ petition that by an order dated 27th September, 2024, the borrower was granted time to pay money to the Bank, pursuant to which the borrower has partly made such payments. It appears that the Bank is not releasing the property in favour of the petitioner, who is the auction purchaser nor is the Bank refunding the consideration money that has been taken by the auction purchaser. One can very well understand the plight of a person who has put in the entire sale consideration, but is unable to enjoy the fruits of the same. 5. In light of the same, we are of the view that since the petitioner is no longer interested in taking the property due to the delay in handing over the possession of the property to him, the right course of action is to Versus Counsel for Petitioner(s) : Asheesh Agnihotri, Raj Kumar Singh Counsel for Respondent(s) : Brajendra Amiy Smt. Anita Trivedi .....Petitioner(s) Pnb Thru. Its Auth. Officer Sitapur And 2 Others .....Respondent(s) refund the money to the petitioner. The Bank shall always have a right to re-auction the property in accordance with law if the borrower does not fulfill its commitments. 6. Accordingly, we direct the Bank to refund the sale consideration amount to Rs.15,01,000/- to the petitioner along with interest @ 7% from the date of deposit till the date of payment within a period of eight weeks from date. 7. With the above directions, the writ petition is disposed of. November 21, 2025 Ashutosh WRIC No. 10923 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench