Court No. - 6
Case :- WRIT - C No. - 24891 of 2019 Petitioner :- Bhagwan Das Respondent :- Up Co-Operative And Another Counsel for Petitioner :- Indra Kumar Mishra Counsel for Respondent :- Manoj Nigam
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Manoj Nigam who appears for the contesting respondent.
The petitioner assails an auction notice in terms of which the respondent bank seeks to recover its dues as arrears of land revenue.
Sri Nigam appearing for the second respondent, on instructions, states that the petitioner on the basis of a forged and fabricated No Objection Certificates got the concerned revenue officials to record that the mortgage had been satisfied. He has further stated that in fact the property which had been mortgaged by the bank had itself been sold by the petitioner in 2016 itself.
In light of the above, it is evident that disputed questions of fact are raised which cannot possibly form subject matter of consideration in a writ petition under Article 226 of the Constitution.
The petition is accordingly dismissed.
Order Date :- 30.7.2019 faraz