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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38716 of 2026 Court No. - 5 HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The petitioner has preferred present writ petition inter-alia with the following prayers :-
"I. Issue a writ, order or direction in the nature of Certiorari quashing the sale notice dated 08.07.2026 and the consequential auction proceedings/sale conducted by the respondent-Bank on 28.07.2026 in respect of the property admeasuring 4,880 square metres situated in Khasra No. 1788, Mauza Chhata, Tehsil Chhata, District Mathura, in favour of the petitioner as the same is perpetuated by fraud;
II. issue a writ, order or direction in the nature of Mandamus directing the respondent-Bank to refund to the petitioner the entire amount of Rs.1,53,73,440/- deposited by him pursuant to the aforesaid auction proceedings, together with interest thereon from the respective dates of deposit till the date of actual refund;
III. issue a writ, order or direction in the nature of Mandamus restraining the respondent-Bank from forfeiting, appropriating or otherwise retaining any part of the amount deposited by the petitioner pursuant to the auction proceedings dated 28.07.2026; IV. issue a writ, order or direction in the nature of Mandamus directing the respondent-Bank to produce before this Hon'ble Court the complete title, mortgage, security and auction records relating to the property in question, including the title search report, title verification report, legal scrutiny report/legal opinion, valuation report, encumbrance/search report, chain of title documents, original title deeds, pre- Versus Counsel for Petitioner(s) : Abhinav Gaur, Shreya Trivedi Counsel for Respondent(s) : Ashish Agrawal, C.S.C. Pawan Agarwal .....Petitioner(s) State Of Up And 4 Others .....Respondent(s)
auction inspection report, internal approval/auction file and all other documents relied upon for determining and offering the area of 4,880 square metres for auction;
V. issue a writ, order or direction directing the respondent-Bank to pay suitable compensation/damages to the petitioner for the monetary loss, inconvenience, harassment and litigation expenses occasioned to him on account of the aforesaid acts, omissions, suppression and failure to disclose material facts concerning the title and extent of the property."
2. After some arguments counsel for the petitioner confined his prayer and prayed to permit the petitioner to represent the matter before the respondent no.3-Branch Manager, Union Bank of India, SAM Branch, Delhi, which has not been opposed by Sri Sandeep Arora, learned counsel for the respondent no.3. 3.
In this view of the matter, present writ petition is disposed of permitting the petitioner to submit a representation before the respondent no.3 within three days from today. If it is so, the respondent no.3 is directed to pass appropriate orders on the same within next seven days. 4. Till then no decision be taken by the respondent-bank regarding the amount which has already been deposited by the petitioner pursuant to the auction notice dated 08.07.2026. September 24, 2026 Pramod Tripathi WRIC No. 38716 of 2026 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad