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2025 DAILYLAW 84256 (ALL)

AMAN GUPTA v. STATE OF U.P. AND 2 OTHERS

WRIC/26929/2025 · 2025-08-18

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141668-DB Court No. - 3 Case :- WRIT - C No. - 26929 of 2025 Petitioner :- Aman Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Utkarsh Tripathi Counsel for Respondent :- Ashish Agrawal,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard counsel appearing on behalf of the petitioner, learned Additional Chief Standing Counsel on behalf of respondent State and Ms. Anamika Singh, learned counsel appearing on behalf of respondent Bank. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- "(a) Issue a writ, order or direction in the nature of mandamus directing the respondent bank (R. No.-3) to handover the complete possession of the property (House No.-582/4/3/464 admeasuring area 56.90 sq m situated at Mumfordganj Housing Scheme, Mumfordganj, District Prayagraj), which possession order was passed by the R. No.- 2 vide his order dated 20.082019 passed under section 14 of the SARFAESI Act. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.-2, (District Magistrate, District Prayagraj) to act upon the letter dated 20.06.2025 (Annexure No.- 5) addressed by the respondent bank, as complete possession (Second Floor and Third floor) of the property has not been handed over to the petitioner till date, within a stipulated time which this Hon'ble court may deem fit and proper under the facts and circumstances of the case; (c) to issue such other and further appropriate writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case;" 3. On May 23, 2025, the Union Bank of India/respondent No.3 had written to the District Magistrate, Prayagraj/respondent No.2 to execute the orders passed under Section 14 of SARFAESI Act on August 20, 2019. 4. In light of the above, it is clear that the District Magistrate, Prayagraj is required to act as per the provision of SARFAESI Act and hand over the possession to the auction purchaser/the petitioner. 5. We, accordingly, direct the District Magistrate, Prayagraj, to ensure that the remaining possession (second and third floors of the secured assets) is given to the petitioner within a period of two weeks from date, if there is no other legal impediment coming in the way. 6. With the above direction, the writ petition is disposed of. Order Date :- 19.8.2025 DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad