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2025 DAILYLAW 60059 (ALL)

ROHIT KUMAR AND 3 OTHERS v. UP-JILA ADHIKARI (SADAR) / SUB DIVISIONAL MAGISTRATE AND 5 OTHERS

WRIC/17096/2025 · 2025-07-08

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:109011-DB Court No. - 3 Case :- WRIT - C No. - 17096 of 2025 Petitioner :- Rohit Kumar And 3 Others Respondent :- Up-Jila Adhikari (Sadar) / Sub Divisional Magistrate And 5 Others Counsel for Petitioner :- Amit Khanna Counsel for Respondent :- C.S.C.,Jainendra Kumar Mishra Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Atul Kumar Bansal, learned counsel appearing on behalf of the petitioners, learned Standing Counsel appearing on behalf of the State and Sri Janinendra Kumar Mishra, learned counsel appearing on behalf of the respondent Bank. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have prayed for the following substantial reliefs: "I. To issue a writ, order or direction in the nature of certiorari to quash the order/ report dated 07.11.2024 passed by the Up-jila Adhikarl (Sadar) / Sub Divisional Magistrate Bijnor, Dist. Bijnor, Uttar Pradesh/respondent no.1. II. To issue a writ, order or direction in the nature of mandamus directing the respondent no.1 & 2 herein to take the possession of the secured asset/ immovable property as mentioned in the order dated 20.02.2024 passed by the respondent no.2 herein and to deliver the same to the secured creditor/ respondent no.3 bank herein so that the petitioners herein could get their rightful possession of the immovable property/ secured asset purchased by them in the e-auction held on 22.02.2024." 3. From perusal of the supplementary affidavit, it is clear that the interim order restraining the respondent Bank from taking possession was passed by the Debts Recover Tribunal, Dehradun on March 15, 2024 and this order was to continue till the next date that was fixed. Subsequently, this order has not been extended even though the matter was heard by the Tribunal on umpteen occasions. Furthermore, it appears from the perusal of the order- sheet that the applicant before the Tribunal is delaying the hearing of the Securitisation Application filed by him. 4. In light of the same, the respondent authorities are directed to take steps to comply with the order passed on February 20, 2024 by the respondent No.2 in accordance with law. The authorities should endeavor to give possession to the respondent Bank within a period of six weeks from date. 5. With the above directions, the writ petition is disposed of. Order Date :- 9.7.2025 Kuldeep (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad