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2025 DAILYLAW 25609 (ALL)

PUNJAB NATIONAL BANK v. STATE OF U.P. AND 5 OTHERS

CRLP/4105/2025 · 2025-03-04

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30997-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4105 of 2025 Petitioner :- Punjab National Bank Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Ramesh Kumar Shukla, learned counsel for the petitioner and Shri Pradeep Kumar Jaiswal, learned A.G.A. for the State-respondents. 2. This writ petition has been filed by Punjab National Bank through its Authorized Officer praying for the following reliefs: "I. A writ, order or direction in the nature of mandamus directing the Respondent No. 2/District Magistrate, District Sant Kabir Nagar to decide the Application dated 29.7.2024 and Application dated 31.08.2024 of the Petitioner Bank under Section 15 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 pending before the Respondent No. 2 as early as possible within stipulated period. II. A writ, order or direction in the nature of mandamus directing the Respondent No. 2 to release the property in question i.e. Plot No. 627Mi situated at Pargana Maghar East, Village Simariyawan, Tappa Ujiyaar, Tehsil Khalilabad, District Sant Kabir Nagar measuring 0.025 hectares in pursuance of the Section 15(2) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, as the said property is mortgaged with the Petitioner Bank and a secured asset under the Securitization and Reconstruction of Financial Asset and Enforcement Security Interest Act, 2002 (Act 54 of 2002)." 3. Learned counsel for the petitioner states that despite the best efforts, the petitioner bank’s applications, which were moved well within the limitation period under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, have not been decided till date. He confines his prayer for a direction to the District Magistrate, Sant Kabir Nagar, to decide the aforesaid applications in accordance with the law. 4. Learned A.G.A. fairly states that if the applications are still pending consideration, the same will certainly be decided in accordance with the law, and leave may be accorded to proceed accordingly. 5. Considering the factual situation and without adverting the merits of the case, the writ petition is disposed of with a direction to the District Magistrate, Sant Kabir Nagar, to decide the aforesaid applications expeditiously, preferably within a period of two months from the date of production of a certified copy of this order. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 5.3.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad