Court No. - 38
Case :- WRIT - C No. - 39192 of 2018 Petitioner :- Ved Prakash Singhal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akash Khare,Hari Om Counsel for Respondent :- C.S.C.,Ashish Agrawal,Satish Chaturvedi
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Akash Khare, learned counsel for the petitioner, Sri Prakhar Tandon, learned counsel for the respondent no.3 and Sri Satish Chaturvedi, learned counsel for the respondent no.4 as also learned Standing Counsel for the State respondents.
By means of this writ petition the petitioner has come to this court with a grievance that he had purchased a flat from the builder being Flat No. G-I, E-232, Swarn Jayantipuram, Ghaziabad upon taken a loan from the Union Bank of India and is paying instalment.
It appears that the builder had already taken a loan on the land in question from the Punjab National Bank. Now after the sale deed having been executed in favour of the petitioner, the other Bank has now interfered with the possession of the petitioner, as the same property appears to have been secured for grant of loan.
These are the disputed questions of fact, therefore, in writ proceedings it cannot be gone into without adducing necessary evidence, for which the petitioner may file a suit before the appropriate Court. In case the petitioner has been defrauded, he may approach the police authority for lodging an FIR.
However, considering the nature of dispute, in our considered view that the petitioner is entitled to some protection at this stage. As such for a period of one month, the parties shall maintain status-quo with regard to the property in question.
With the aforesaid observation, the writ petition is disposed of. Order Date :- 30.11.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)