Vikas Tomar v. State of U.P. and 4 Others

Court No. - 3 Case :- WRIT - C No. - 31747 of 2023 Petitioner :- Vikas Tomar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rohit Nandan Pandey Counsel for Respondent :- C.S.C.,Chandra Bhan Gupta Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Chandra Bhan Gupta, learned counsel for respondent Bank.

¶2Present writ petition has been filed with the following prayers: "i. To issue a writ, or direction in the nature of certiorari for quashing the order of recovery dated

24.7.2023 (Annexure-5) passed by Addl. District Co-Operative Officer, Co-operative Societies, Ghaziabad. ii. Mandamus directing the res. Addl. District Co-Operative Officer, Co-operative Societies, Ghaziabad to refund remaining amount Rs.7,75,916/- Out of the property sold of the petitioner in auction in the year 2017. iii. Mandamus directing the res. Addl. District Do-Operative Officer, Co-operative Societies, Ghaziabad to decide representation of the Petitioner."

¶3Learned counsel for the petitioner states that the possession of the mortgaged property was handed over by the petitioner to the NOIDA Commercial Co-Operative Bank way back on 13.5.2015.

¶4Learned counsel for the Bank, however, states that no possession has been handed over by the petitioner and nor is the possession of the property with the Bank.

¶5Under such circumstances, the prayer with regard to refund of the money that is prayer no.(ii) cannot be granted to the petitioner. If the petitioner is aggrieved of the recovery, he may take recourse to such action that might be available under the Co-operative Societies Act.

¶6With these observations, the writ petition stands disposed of. Order Date :- 11.12.2023 Kuldeep (Shekhar B. Saraf,J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad