Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5863 of 2021 Petitioner :- Amarnath Yadav Respondent :- Branch Manager Union Bank Of India And Another Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- CSC,Ashish Agrawal
Hon'ble Ajit Kumar,J.
Heard Ms. Sudha Pandey, learned counsel for the petitioner and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i) restrain the defendants-respondents for not dispossessing the plaintiff- petitioner from over his Plot No. 1245 situated Village Sarayharakhu, Pargana Rari, Tehsil Badlapur, District Jaunpur including house situated over said plot, which is not subject matter of collateral security towards loan Account No. 475606650507242 during pendency of Original Suit No. 493 of 2021 Amarnath Yadav versus Branch Manager Union Bank of India and another.
(ii) direct the defendants-respondents not to recover the loan from Account No. 475606650507242 either by selling or by auctioning Plot No. 1220 situated Sarayharakhu, Pargana Rari, Tehsil Badlapur, District Jaunpur which is agricultural and protected from said sale and auction by operation of law."
It is submitted that the 6-C application has remained pending.
Considering the overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid 6-C application strictly in accordance with law and after recording satisfaction regarding service of summons and giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of 60 days positively from the date of production of copy of this order, after recording satisfaction regarding service of summons giving full opportunity of hearing to the contesting parties.
Copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 28.10.2021 IrfanUddin