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Kunwar Bhawani Singh v. State Of U.P. Thru' Secy. Revenue & Ors. - WRIT - C No. 21916 of 2004 [2004] RD-AH 284 (3 June 2004)


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Court No.1

Civil Misc. Writ Petition No.21916 of 2004

Kunwar Bhawani Singh Vs. State of U.P. and others.


Hon'ble V.C. Misra, J.

Heard Shri K.P. Tiwari learned counsel for the petitioner, Shri Trun Verma and Shri A. Sahai learned counsels on behalf of respondents 3 & 4.

Learned counsel for the petitioner has submitted that this writ petition has been filed since the respondents are going to auction the only residential house of the petitioner on 3.6.2004 for which tenders have been invited publishing it in the newspaper ''Dainik Jagran' on 23.5.2004. However, looking into the exigency of the matter and on the undertaking given by the petitioner that he shall deposit the entire amount within a period of 15 days with respondent no.3 and till then the auction proceedings may not be initiated. The learned counsel for the respondents has consented to the said proposal. Learned counsel for the petitioner has also submitted that an amount to the tune of Rs.89,000-90,000 is deposited in his account with respondent no.4-bank, which has been seized on the letter of respondent no.3. He has requested that he may be permitted to withdraw this amount and deposit the same with respondent no.3.

In view of the above said facts and circumstances, the further proceedings in respect with the auction of the residential house of the petitioner shall remain stayed for a period of 20 days from today provided the petitioner deposits the entire amount of the dues with respondent no.3 within a period of 15 days from today. The respondent no.4 is directed to transfer the entire amount deposited in the Account no.CC-82 of Kunwar Bhanwani Singh-petitioner to respondent no.3-authorised officer, Punjab National Bank, Secured Creditor, Regional office, Kanpur Road, Jhansi in respect with the outstanding dues on the petitioner of the respondent no.3 forthwith on a written application moved by the petitioner addressed to respondent no.4. And the petitioner shall deposit the remaining balance amount with respondent no.3 within 15 days. The writ petition is disposed off accordingly.

A copy of this order shall be given to the petitioner today on payment of usual charges.  

June 3, 2004



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