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2025 DAILYLAW 50369 (ALL)

DEEPAK KUMAR DWIVEDI v. BANK OF BARODA AND ANOTHER

WRIC/31701/2023 · 2025-09-23

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31701 of 2023 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, 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 made the following substantial prayers:- "(i) Issue writ, Order or Direction in the nature of mandamus commanding the Bank/respondent no.2 to handover the property forthwith as mentioned in the sale certificate dated 27.3.2015 and to execute sale deed of the said property as per rules within a stipulated period of time as may be fixed by this Hon'ble Court. (ii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper, under the circumstances of the case." 3. It is to be noted that the Bank in his counter affidavit has categorically produced the order dated January 18, 2016 passed by the Chief Metropolitan Magistrate, Kanpur Nagar that clearly indicates that the Station House Officer of the concerned police station was directed to take possession of the property in question and handover the same to the bank. Subsequent to passing of the said order a letter dated April 26, 2016 has been written by the bank to the Senior Superintendent of Police concerned to comply with the order passed by the Chief Metropolitan Magistrate, Kanpur Nagar. However, it appears that no steps have been taken by the authorities. 4. In light of the alarming situation where the possession has not been granted to the auction purchaser even after a gap of nine years, we direct the Station House Officer of the police station concerned to comply with the Versus Counsel for Petitioner(s) : Anand Kumar Singh Counsel for Respondent(s) : Anadi Krishna Narayana, Maneesh Mehrotra, Vijay Prakash Mishra Deepak Kumar Dwivedi .....Petitioner(s) Bank Of Baroda And Another .....Respondent(s) order dated January 18, 2016 passed by the Chief Metropolitan Magistrate, Kanpur Nagar and handover the possession of the property in question to the bank within a period of four weeks from date, if there is no legal impediment. 5. Upon taking possession of the property in question the bank should immediately handover the possession of the same to the auction purchaser, that is, the petitioner herein. 6. With the above directions, the writ petition is disposed of. September 24, 2025 Dev WRIC No. 31701 of 2023 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad