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2025 DAILYLAW 72870 (ALL)

DHANANJAY SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIC/21653/2025 · 2025-07-09

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110086-DB Court No. - 3 Case :- WRIT - C No. - 21653 of 2025 Petitioner :- Dhananjay Singh And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anil Kumar Gupta,Ramesh Kumar Singh Counsel for Respondent :- Anadi Krishna Narayana,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the parties. 2. In the present writ petition following prayers have been made by the petitioner:- "i- issue a writ, order or direction in the of certiorari quashing the entire auction proceeding under SARFAESI Act in pursuance of the sale notice dated 22.5.2025 issued by respondent no.2 during the pendency of securitization application no.492 of 2025, pending before the Debt Recovery Tribunal, Allahabad (annexure no.6 to the writ petition). ii- issue a writ, order or direction in the nature of mandamus directing the respondents to accept the remaining loan amount in easy installments without imposing the interest and other charges. iii- issue any other writ or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case. iv- award cost of the petition to the petitioners." 3. Learned counsel appearing on behalf of the respondents submits that on June 11, 2025 the property in question has been sold by the respondent bank in an auction to a third person. Furthermore, a securitization application no.492 of 2025, pending before the Debt Recovery Tribunal, Allahabad. 4. Upon a perusal of the documents, we do not find any reason to intervene in this matter at this stage, especially as the auction has taken place and a third party right has been created in favour of the auction purchaser. 5. Accordingly, the writ petition is dismissed with liberty granted to the petitioners to approach the appropriate authority for redressal of his grievance in accordance with law. Order Date :- 10.7.2025 Dev (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad