Petitioner sought release of attached property mortgaged to respondent-Bank despite loan having been repaid and a no dues certificate issued. The Bank confirmed no dues and no objection to release. The Court directed the SDM, Shahjahanpur, to examine the matter and pass a suitable order releasing the property within two weeks.
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Neutral Citation No. - 2024:AHC:165032
Court No. - 33
Case :- WRIT - C No. - 19837 of 2024
Petitioner :- Rajeev Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Divyanshu Nandan Tripathi,Utkarsh Khanna Counsel for Respondent :- Anadi Krishna Narayana,C.S.C.,Sandeep Kumar Singh
Hon'ble Vikram D. Chauhan,J.
"1. In compliance of the order of this Court dated 11.9.2024, instruction dated 25.9.2024 sent by S.D.O., Jalalabad, Shahjahanpur is taken on record.
3. Sri Mridul Kumar, learned standing counsel, on the basis of the instruction, submitted that a report was called from the respondent-bank wherein it is reported that the record in respect to the loan, which was advanced 14 years back to the father of the petitioner, is not available in the Branch concerned, as such, the application of the petitioner could not be disposed of by the state authorities. He further submitted that petitioner has also not produced the records in respect to the loan advanced to his father.
4. Considering the facts mentioned in the instruction, learned counsel for the respondent-bank is directed to obtain instruction from the Branch concerned by the next date.
5. Petitioner is also directed to appear before the respondent no.2/S.D.M., Jalalabad along with the certified copy of this order including "No Dues
Certificate" issued by the Bank, within 2 weeks.
6. Learned standing counsel shall serve a copy of the instruction upon the counsel for the petitioner, during the course of the day.
7. Put up this matter as fresh on 17.10.2024"
Order Date :- 17.10.2024 D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Sub-Divisional Magistrate should be directed to release the attachment of petitioner's property after repayment of loan and issuance of a no dues certificate.
Rajeev Singh
State Of Up
Respondent 2 (Sub-Divisional Magistrate)
Vikram D. Chauhan
As recorded by the court registry
6 orders share this CNR
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