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2025 DAILYLAW 38334 (ALL)

JAWAHAR SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/10999/2025 · 2025-04-14

Prakash Padia

body2025

Judgment text

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Court No. - 33 Case :- WRIT - C No. - 10999 of 2025 Petitioner :- Jawahar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rohit Nandan Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondents no.1, 4 & 5. 2. In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondents no.2 & 3 to notice and keeping this petition pending before this Court. However, in case the aforesaid respondents feels aggrieved by the order their right to seek modification/variation of the order is being kept reserved. 3. Against the order of recovery and auction of land dated 26.09.2024 issued by the respondent no.3-Branch Manager, U.P. Sahkari Gram Vikas Bank, Branch Meja, District Prayagraj, petitioner has preferred present writ petition. 4. It is argued by counsel for the petitioner that loan was taken by brother of the petitioner namely Virendra Kumar Singh mortgaging their land, which was in their joint name since whole loan was not deposited by brother of the petitioner hence for remaining dues auction proceedings were initiated. It is argued by counsel for the petitioner that against the aforesaid auction proceedings representation dated 12.12.2024 was submitted by the petitioner before the respondent no.3 but till date no decision has been taken on the same. 5. Counsel for the petitioner is directed to communicate copy of this order to the respondent no.3 within a week. If it is so the respondent no.3 is directed to take a decision on the representation submitted by the petitioner within a further period of four weeks from today. 6. For a period of six weeks or till the decision is taken on the representation of the petitioner, whichever is earlier, no coercive action shall be taken pursuant to the auction order dated 26.09.2024 issued by the respondent no.3-Branch Manager, U.P. Sahkari Gram Vikas Bank, Branch Meja, District Prayagraj 7. Accordingly, present writ petition is disposed of. Order Date :- 15.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad