Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 57334 (ALL)

ARVIND KUMAR SINGHAL AND ANOTEHR v. DISTRICT MAGISTRATE, SAHARANPUR AND 8 OTHERS

WRIC/15288/2025 · 2025-05-14

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:80506-DB Court No. - 40 Case :- WRIT - C No. - 15288 of 2025 Petitioner :- Arvind Kumar Singhal And Another Respondent :- District Magistrate, Saharanpur And 8 Others Counsel for Petitioner :- Priyanshu Mishra,Vaishali Yadav Counsel for Respondent :- C.S.C.,Jainendra Kumar Mishra Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Vakalatnama, one filed by learned counsel, Sri N.K. Pandey, on behalf of the respondent Nos. 6 and 7 and the other filed by learned counsel, Sri Gaurav Tripathi, also on behalf of the respondent No. 7, are taken on record. Heard Sri Priyanshu Mishra, learned counsel appearing on behalf of the petitioners, learned Standing Counsel appearing on behalf of the State respondents, Sri N.K. Pandey, learned counsel appearing on behalf of the respondent Nos. 6 and 7. Sri Gaurav Tripathi, learned counsel has also been heard on behalf of the respondent No. 7 and Sri Mohd. Kalim, learned counsel has also been heard on behalf of the respondent No. 6. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner has prayed for the following primary relief: "i) Issue an order or direction in the nature of mandamus directing the respondent authorities to provide the physical possession to the petitioners in pursuance of execution of order dated 11.10.2029 passed by the respondent no. 2 (under Section 14 of the SARFAESI Act) in case No. 2950 of 2019, PNB Vs. M/s Taj Hotel and others, by which directed to the respondent no. 3 to take physical possession of the mortgaged properties and hand over the peaceful possession of the properties known as (1) Property measuring area 29.13 sq Mtr. situate at Deoband Majbata Patt Avval Andar Hadood Z.A. situate at (Mohalla Lahaswara) Saharanpur-Muzaffarnagar Road, Pargana & Tehsil Deoband, District Saharanpur. (2) Property measuring area 48.33 sq Mtr. situate at Deoband Majbata Patt Avval Andar Hadood Z.A. situate at (Mohalla Lahaswara) Saharanpur-Muzaffarnagar Road, Pargana & Tehsil Deoband, District Saharanpur. (3) Property measuring area 74.07 sq Mtr. situate at Deoband Majbata Patt Avval Andar Hadood Z.A. situate at (Mohalla Lahaswara) Saharanpur-Muzaffarnagar Road, Pargana & Tehsil Deoband, District Saharannpur, to the respondent bank or petitioners; which was purchased by the petitioners in the bid dated 04.12.2024 conducted by the respondent bank in the interest of justice." After arguing at some length, learned counsel for the petitioner prays that this writ petition may be dismissed as withdrawn. Counsel for the respondents have no objection. Accordingly, the writ petition is dismissed as withdrawn. Order Date :- 15.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad