Court No. - 3
Case :- WRIT - C No. - 16768 of 2021 Petitioner :- Amit Narayan Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Pranab Kumar Ganguli Counsel for Respondent :- A.S.G.I.,Archana Singh,Habib Ahmad
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri P.K. Ganguli, learned counsel for the petitioner; Sri Habib Ahmad, learned counsel appearing for the respondent-Bank; Ms. Archana Singh, learned counsel for the respondent-Union of India and learned Standing Counsel for the State-respodent.
2. Present writ petition has been filed for the following relief :
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to execute the registered sale deed and handing over the peaceful possession of the Plot of land in respect to Arazi No. 81 and 83 (area 22 Decimal) Mauza Bahlolpur, Post-Pandeypur, Varanasi.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation dated 27.06.2020 (Annexure No.4 to the writ petition)."
3. Insofar as the relief for possession is concerned, learned counsel for the respondent-bank submits that in his representation dated 27.06.2020 (Annexure No.5 to the writ petition) made to the Bank, in paragraph no.5 thereof, the petitioner specifically stated that he had possession over the land in question. Therefore, relief for possession is declined.
4. Insofar as the relief for execution of sale deed is concerned, learned counsel for the petitioner submits that there is demarcation dispute being pressed by the principal borrower. The existence of the dispute is admitted to the Bank, however, learned counsel for the respondent-Bank further states that as soon as demarcation exercise is completed, the Bank will execute the sale deed in favour of the petitioner.
5. At present, no relief has been sought against the revenue authorities with respect to the demarcation dispute that is still pending. Leaving all courses open to the petitioner to seek expeditious disposal of the demarcation proceeding, in view of the statement made by learned counsel for the respondent-Bank, present writ petition is disposed of with a direction that the respondent-Bank may execute the sale deed upon completion of the demarcation proceeding.
Order Date :- 30.7.2021 Abhilash