Court No. - 34
Case :- WRIT - C No. - 6158 of 2019 Petitioner :- Bakhedu Prajapati Respondent :- State Of U.P. Through District Magistrate and 2 Others Counsel for Petitioner :- Ajay Singh Counsel for Respondent :- C.S.C.,Ashish Agrawal
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard learned counsel for petitioner and perused the record.
2. This is a thoroughly misconceived and ill-advised writ petition. Petitioner has filed this writ petition seeking a writ of mandamus commanding respondents to either handover possession of auction property or return the amount deposited by petitioner in auction proceeding alongwith interest within such time as prescribed by this Court.
3. It is said that one, Sanjay Kumar Singh had taken a term loan against property in dispute from respondent-Bank but committed default in repayment. Since property in dispute was secured asset in lieu of aforesaid loan with Bank, Bank initiated proceedings for possession of said property under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the “Act, 2002”) and put it on auction. Petitioner claimed that he was the highest bidder in auction and deposited Rs. 4,50,000/-. Thereafter a sale certificate was also issued to petitioner but possession has been given only symbolically and not actual.
4. In effect, the relief prayed by petitioner is for delivery of possession of disputed property for which remedy lies under the provisions of Act, 2002 and Rules and Regulations framed thereunder as also in common law and remedy under Article 226 of the Constitution is not available.
5. Dismissed.
Order Date :- 26.2.2019 AK