Baljeet Singh v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 38444 of 2023 Petitioner :- Baljeet Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Sri Devendra Kumar Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel for all the respondents.

¶2By means of present writ petition, the petitioner has prayed for direction to the Sub Divisional Magistrate, Tehsil Bindaki, District Fatehpur

(respondent

no.3)

to

decide

the representations/applications dated 17.08.2023 and 13.102023 within some stipulated time.

¶3Learned counsel for the petitioner states that one Ashok Kumar had taken a KCC loan of Rs.7 lacs from Central Bank of India, Branch Amauli, District Fatehpur. Due to non-payment of the loan amount the account was declared as 'NPA' and the mortgaged property was put for auction by the respondent no.3. The petitioner was the highest bidder in the said auction and he had deposited Rs.1,77,500/- towards 10% of the amount with the respondent no.3. Said action of the bank was subject matter of challenge in Writ C No.27659 of 2013 (Ashok Kumar Sachan vs. State of UP and 4 others) in which initially, an interim order was accorded by this Court in favour of the petitioner and finally, the writ petition was dismissed in default on 29.05.2023.

¶4Learned counsel for the petitioner in this backdrop states that as there is no impediment, the respondents may be directed to confirm the auction sale. So far as the grievance of the petitioner is concerned, he has already filed the representations/applications dated 17.08.2023 and 13.10.2023 before the respondent no.3 for redressal of his grievance, which are still pending. He has confined his prayer only to the relief that his the representations/applications dated 17.08.2023 and 13.1020.23 may be considered by the appropriate authority.

¶5Learned Additional Chief Standing Counsel has no objection, in case the matter is relegated to the authority to take a final call in the matter.

¶6No useful purpose would be served in keeping the writ petition pending.

¶7In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the Sub Divisional Magistrate, Tehsil Bindaki, District Fatehpur to look into the grievance of the petitioner and redress the same strictly in accordance with law within a period of two months from the date of production of a certified copy of this order before him. Order Date :- 7.11.2023 RKP High Court of Judicature at Allahabad