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2025 DAILYLAW 58138 (ALL)

MOHD .GUFRAN AZMI v. STATE OF U.P. AND 3 OTHERS

WRIC/15645/2025 · 2025-05-22

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88059-DB Court No. - 40 Case :- WRIT - C No. - 15645 of 2025 Petitioner :- Mohd .Gufran Azmi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anshu Chaudhary Counsel for Respondent :- Amrish Sahai,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 parties. 2. Counsel appearing on behalf of the petitioner is directed to implead 'Chief Judicial Magistrate, District Mau' as respondent in the array of parties during the course of the day. 3. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs: "a) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2, 3 and 4 to comply the order dated 2.7.2024 passed under section 14(1) & (2) of Sarfaesi Act of Chief Judicial Magistrate Mau and to handover the possession of Arazi No. 17 Rakba 121.5 Sq. Meter Mauja Karimuddinpur, Pargana and Tehsil Ghosi, District Mau in pursuance of sale deed dated 14.6.2022 executed in favour of petitioner by respondent no. 2 so that justice be done. b) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to decide the representation dated 11.2.2025 (Annexure No. 8 to the writ petition) within stipulated period of time or as expeditiously as possible so that justice be done." 4. Vide letter dated August 17, 2024, the police authority has communicated to the Chief Judicial Magistrate, Mau that the property in question is under lock and key and the same is required to be broken to take over the possession of the property. 5. The Chief Judicial Magistrate, Mau is, accordingly, directed to pass order directing the police authorities to take action in accordance with law and hand over the possession of the property to the Bank Authorities, who in turn will provide the said property to the auction purchaser. The entire exercise should be completed within a period of ten weeks from date. 6. With the aforesaid directions, the writ petition is disposed of. Order Date :- 23.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad