M/S MUMTAZ BUILDER PVT LTD v. UNION OF INDIA AND 3 OTHERS
WRIC/30504/2025 · 2025-09-10
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91277 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91277 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30504 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard counsel appearing on behalf of the parties.
2. In the present writ petition following substantial prayers have been made by the petitioner:-
"(a) issue a writ, order or direction in the nature of mandamus directing the respondents to provide the physical possession of the property i.e. House No.88/356 Humayun Bagh Kanpur Nagar in pursuance to the sale certificate dated 02.02.2009 issued by Recovery Officer DRT Allahabad within some stipulated period as fixed by this Hon'ble Court. (b) issue any other and further writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
3. It is to be noted that by an order dated December 27, 2024 the Debt Recovery Tribunal has passed order directing the Advocate Commissioner to handover the physical possession of the property in question on or after January 10, 2025 with the assistance of the local police and in coordination with the representative of the auction purchaser. A further order was passed on December 27, 2024 by the Recovery Officer directing the Police authorities to provide the assistance to the Advocate Commissioner for executing the order of attachment. This order appears to be incorrect as the
order passed by the Debt Recovery Tribunal was for handing over physical possession of the property in question.
4. In light of the same, the Recovery Officer, Debt Recovery Tribunal is Versus Counsel for Petitioner(s) : Abdul Majeed, Syed Shahid Jafri Counsel for Respondent(s) : A.S.G.I., C.S.C., Manoj Kumar Singh, Sanjai Singh M/S Mumtaz Builder Pvt Ltd .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)
directed to pass fresh orders upon Police authorities concerned with regard to providing assistance to the Advocate Commissioner for handing over physical possession of the property in question to the petitioner in accordance with law.
5. With the above directions, the writ petition is disposed of. September 11, 2025 Dev WRIC No. 30504 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad