MOHAMMAD AYAZ ANSARI v. STATE OF U.P. AND 7 OTHERS
WRIC/21771/2025 · 2025-08-22
Nand Prabha Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73145 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73145 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:146066-DB Court No. - 3 Case :- WRIT - C No. - 21771 of 2025 Petitioner :- Mohammad Ayaz Ansari Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Arpita Tarmali,Sanjay Kumar Gupta Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava Hon'ble Shekhar B. Saraf,J. Hon'ble Ms. Nand Prabha Shukla,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 nature of Mandamus commanding to respondent bank (respondent no.5) as well as Tehsildar (Sadar), District- Varanasi (respondent no.4) to handing over the physical possession of the property in question All that part and parcel of the property consisting of Arazi No.-M, 721, House No.SA-6/102-H-1, Mouza - Akatha, Ward- Sarnath, Pargana - Shivpur District - Varanasi having area 945 Sq. Ft. standing in the name of Smt. Rubi Agrahari (Respondent No.6) to the petitioner in pursuance to Sale Certificate dated 08.11.2024 as well as order dated 14.10.2024 passed by respondent no.3 under Section 14 of the SARFAESI Act, 2002, in case no.3259/2024. (ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
3. It is clear from the record that the SARFAESI application of the petitioner is pending before the Debts Recovery Tribunal and the respondent/bank is not appearing before the Debts Recovery Tribunal.
4. In light of the above submissions, we direct the Debts Recovery Tribunal to expedite hearing of the S.A. No.617 of 2024 and in the event bank does not appear proceed ex parte.
5. With the above directions, the writ petition is disposed of. Order Date :- 23.8.2025 Dev (Ms. Nand Prabha Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad