Anil Kumar Singh v. State of U.P. Thru. Distt. Magistrate Amethi and Another

Court No. -18 Case :-WRIT -C No. -11399 of 2023 Petitioner :-Anil Kumar Singh Respondent :-State Of U.P. Thru. Distt. Magistrate Amethi And Another Counsel for Petitioner :-Badri Prasad Singh,Nitin Padmesh Mishra Counsel for Respondent :-C.S.C.,Vinod Kumar Singh Hon'ble Shree Prakash Singh,J. Heard Sri Badri Prasad Singh, learned counsel for the petitioner, Sri Vinod Kumar Singh, learned counsel for opposite party no. 2, Sri Hemant Pandey, learned standing counsel for the State. Instant petition has been filed with following reliefs:-

(i) In the nature of certiorari, quashing the Impugned Auction Notice send to the Petitioner on 01/12/2023 & received on 02/12/2023.

(ii) In the nature of mandamus, commanding the Opposite Party No. 02 to decide the representation of Petitioner dated 11/12/2023, within time giving detail of the said loan to the Petitioner.

(iii) And, may also further be pleased to pass any other suitable order which this Hon'ble court deems fit and proper in the circumstances of the Case.

(iv) Allow the instant Writ Petition with Cost, in favour of Plaintiffs. Learned counsel for the petitioner submits that the interest of justice would sub-serve if this Hon'ble Court would be pleased to direct the opposite party no. 2 to decide the representation of petitioner dated 11.12.2023 wihin a stipulated period of time as may be fixed by this Court. The learned Standing Counsel has no objection to the contention aforesaid. In view of the aforesaid innocuous prayer, the opposite party no. 2 is hereby directed to decide the representation of Petitioner dated 11/12/2023, within a period of fifteen days, if such representation is pending before it, from the date of certified copy is produced before it, in accordance with law, after affording opportunity of hearing to all the parties, if there is no legal impediment. The aforesaid order is subject to cooperation of the petitioner. Accordingly, the instant petition is disposed of. It is clarified that this Court has not make any comment on the merit of the case. Order Date :- 22.12.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench