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2025 DAILYLAW 35984 (ALL)

MOHD. ERSAD v. STATE OF U.P. AND ANOTHER

WRIC/10345/2025 · 2025-04-08

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52034-DB Court No. - 40 Case :- WRIT - C No. - 10345 of 2025 Petitioner :- Mohd. Ersad Respondent :- State of U.P. and Another Counsel for Petitioner :- Sunil Kumar Gaur Counsel for Respondent :- Abhishek Ahuja,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs: "I. Issue a writ, order or direction in the nature of Certiorari quashing the notice dated 21.12.2024 whereby the token amount deposited by the petitioner has been forfeited and the auction by which the petitioner has purchased the house has been cancelled and further direct the concerned respondents not to take possession of the property in question till the pendency of this present writ petition before this Hon'ble Court. II. To issue any writ, order or direction of suitable nature directing the respondent bank to consider the case of the petitioner for one time settlement scheme as per the guidelines issued by Reserve Bank of India." 3. It is clear from the facts that the petitioner was required to deposit 25 per cent as earnest money upon purchase of the auction property. However, he failed to make the said payment and only deposited 10 per cent. The respondent authorities have, accordingly, forfeited the amount so deposited by the petitioner. The action of the respondent Bank is in accordance with the rules and regulations and is not in any manner arbitrary or unreasonable. 4. In light of the above, no interference is required. The writ petition is dismissed. Order Date :- 9.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad