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2025 DAILYLAW 48924 (ALL)

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

WRIC/12880/2025 · 2025-05-04

S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71245-DB Court No. - 39 Case :- WRIT - C No. - 12880 of 2025 Petitioner :- Aniruddh Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bijai Prakash Tiwari,Richa Tiwari Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Mr.Bijai Prakash Tiwari, learned advocate appears on behalf of petitioner and submits, his client had obtained loan from respondent no. 5 (Bank). On default the Bank put the secured property to auction. There was no purchaser. State purchased it by paying Rs. 1/- and the property became accordingly recorded. Subsequent thereto his client availed of one time settlement (OTS) scheme and repaid the dues. 2. On query, Mr. Tiwari points out disclosure at page 11. It is the acknowledgement issued by the Bank on 13th November, 2018. Text of the communication is reproduced below. "Reg:Revocation of charges on land of late Krishna Pal Signh- previously mortgage in favour of us. With reference to the above we have to state that the loan account of late Krishan Pal Singh s/o late Raghuraj Singh r/o Deomai Rewaribujurg Fatehpur has been adjusted through OTS. And the party has deposited the OTS amount. Please revoke our charges on the land." (emphasis supplied) He seeks direction upon respondents to restore the property to his clients. 3. Mr. Devesh Vikram, learned advocate, Additional Chief Standing Counsel appears on behalf of State. Mr. K.M. Asthana, learned advocate appears on behalf of the Bank. 4. We see that the communication dated 13.11.2018 was issued to the Sub Divisional Magistrate, whereby the Bank revoked its charge on the land. The nominal purchase was made by State for purpose of the charge. In the circumstances, State is directed to restore the property to petitioner, who has since repaid the loan. Petitioner will communicate certified copy of this order to respondent no. 3. Said office or through concerned respondent will cause the restoration by mutation of the record, within six weeks of the communication. 5. The writ petition is disposed of. Order Date :- 5.5.2025 PS (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad