Dinesh Kumar Tiwari v. District Magistrate , Ayodhya and Others

Court No. - 3 Case :- WRIT - C No. - 5864 of 2024 Petitioner :- Dinesh Kumar Tiwari Respondent :- District Magistrate , Ayodhya And Others

Counsel for Petitioner :- Amit Srivastava Counsel for Respondent :- C.S.C.,Vinay Shankar

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioner, learned Standing Counsel who appears on behalf of State respondent and Shri Vinay Shankar, learned counsel who appears on behalf of opposite parties no.2 and 3.

This petition has been filed with the following main prayer :-

• i. Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to deliver/ handover the physical possession over the property, i.e., Plot/ House No.19 (area 1500 sq ft) situated in Krishna Nagar Colony, Devkali, Pargana – Haveli Awadh, Tehsil Sadar, District Ayodhya (U.P.) which was purchased by the petitioner from the respondent bank through auction sale proceedings and sale certificate was also issued in favour of the petitioner/auction purchaser on 27.10.2019, in the interest of justice.

It is the case of the petitioner that the respondentbank published E - auction notice on 15.8.2019 under the SARFAESI Act, 2002 regarding plot/ house no.19, area 1500 square feet situated in Krishna Nagar Colony, Devkali, Pargana Haveli Awadh, Tahsil Sadar, District Ayodhya.

The petitioner was declared successful bidder and a sale certificate was issued to him on 27.10.2019. Till date actual physical possession of the house has not been given by the respondent – bank to the petitioner, hence, this petition has been filed.