Allahabad High Court
Anand Kumar Pandey And Others vs State Of U.P. And Others on 24 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:172408-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 59184 of 2007
Anand Kumar Pandey And Others
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Chandan Sharma, A.K.Yadav, Abhinav Shukla, Alok Yadav, Anubhav Chandra, Arban Banerji, Arun Kumar Shukla, Dhananjay Kumar Pandey, H.N. Singh, Ila Deol, Jyoti Kumar Singh, Nalinish, Rajendra Kumar Ratnakar, S.K. Garg, Shailesh Upadhyay, Sharda Vishwakarma, Umesh Narain Sharma, V.C. Mishra, Vikash Krishna Murti, Vipin Sinha
Counsel for Respondent(s)
:
C.S.C., A.K. Misra, A.N.Bhargava, A.P.Paul, B.B.Paul, Bharat Pratap Singh, C.B.Yadav, C.S. Singh, C.S.C., Krishna Mohan, Kushal Kant, N.P. Singh, Namit Srivastava, Navin Sinha, P.K.Upadhyay, Prabhas Kumar Tiwari, R.N.Singh, Ramanand Pandey, Shailesh Upadhyay, Sumit Kakkar, V.B.Singh, V.P.Singh, Vikram D. Chauhan, Vipin Sinha
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Anand Kumar Pandey, learned counsel appearing on behalf of the petitioners; Ms. Shruti Malviya, learned counsel appearing on behalf of respondent bank; Sri Sumit Kakkar, learned counsel appearing on behalf of State Bank of India; Sri A.P. Paul, learned counsel appearing on behalf of Prayagraj Development Authority, Prayagraj and Sri Sharada Prasad Mishra, learned counsel appearing on behalf of successful bidder/purchaser of the property.
2. The present writ petition has been preferred raising challenge to the impugned notice dated 27.11.2007 published in a daily newspaper 'Dainik Jagran' for carrying out the demolition in pursuance of the demolition order dated 05.04.2004 passed by the then Allahabad Development Authority, Allahabad and further, the petitioners have sought a writ of mandamus commanding the respondents not to demolish the construction of Bunglow No.7, Beli Road, Allahabad and in addition to the same, the petitioners have sought a relief to the effect that the respondent Nos.5, 10 and 15 who are office bearers of the Developer Baba Sahkari Awas Samiti to reimburse the amount realized from the purchasers along with interest @ of 18% from the date of demolition of the building known as 'Leela Kunj'.
3. The petitioners being 4 in number, are amongst the purchasers of the flats constructed in the building Leela Kunj.
4. The facts in a nutshell giving rise to the filing of the present writ petition are to the effect that Baba Sahkari Awas Samiti Ltd. got sanctioned a building plan from the then Allahabad Development Authority, Allahabad (now Prayagraj Development Authority, Prayagraj) on the land of Bungalow No.7, Beli Road, Allahabad, Plot Nos.1 and 1-A, Katra Housing Yojna, Allahabad ad-measuring 752.49 square meters on 22.10.2003 for construction of 8 residential units but illegal construction against the sanctioned building plan was raised and consequently, the Development Authority passed an order of demolition on 05.04.2004 and the compounding of the building map as prayed for by the developer was also refused by the Development Authority on 26.11.2004.
5. One Smt. Kiran Srivastava filed a Writ-C No.33814 of 2004 praying for a writ of mandamus so as to give effect to the demolition order passed by the Development Authority and during its pendency, the Writ-C No.59184 of 2007 (Anand Kumar Pandey and Others Vs. State of U.P. and Others) was filed by the purchasers for redressal of their grievance, however, pending demolition, this Court observed by an order dated 22.10.2008 that the Court will examine as to how, the money will be refunded by the developer and to ascertain the modes regarding payment to the banks providing financial assistance/loan to the purchasers.
6. In the meantime, this Court further directed the residents/purchasers to vacate the building on or before 31.12.2008 so that the demolition drive may be carried out and on the information of the Development Authority, this Court recorded that the demolition of the building has been carried out and also directed the developer to pay the margin money of the purchasers.
7. The developer, thereafter, submitted an affidavit on 02.03.2009 annexing therewith 36 sale deeds executed in favour of the purchasers and also the list of 10 purchasers to whom, the margin money was paid by the developer. The sale deeds and the list submitted by the developer record the carpet area having been purchased by the respective purchasers. Further, one Pankaj Agarwal by moving an application for impleadment before this Court, has claimed purchase of an area of 130 sq. feet of the property bearing No.G-01 existing on the ground floor.
8. This Court by an order dated 02.03.2009 required the respective banks to follow the principles of one time settlement and take necessary instructions about the sale of the land on which, the building was constructed and by an order dated 25.03.2009, on the undertaking of the bank, the Court recorded that the three banks namely State Bank of India, the then Vijaya Bank (now Bank of Baroda) and Bank of Maharashtra have agreed upon to accord waiver of 100% interest from the date of NPA and as such, on the date of NPA, the total admitted balance amount of the three banks are as follows:
(i) State Bank of India - Rs.78,19,452.65/- (Seventy Eight Lakh Nineteen Thousand Four Hundred Fifty Two and Sixty Five Paise only);
(ii) The then Vijaya Bank (now Bank of Baroda) Rs.72,17,178.07/- (Seventy Two Lakh Seventeen Thousand One Hundred Seventy Eight and Seven Paise only); and
(iii) Bank of Maharashtra Rs. 12,35,000/- (Twelve Lakh Thirty Five Thousand only).
9. Number of opportunities was granted to the banks for sale of the land by way of public auction in which, the banks failed and ultimately, this Court conducted an open bid in the Court Room on 06.11.2024 following which, the highest bid came to be offered by Ved Prakash Dubey, the proprietor of Ved Enterprises for the sum of Rs.5,10,00,000/- which was accepted by this Court, consequent to which, the same was confirmed after which, the highest bidder deposited the entire bid amount with the Registrar General of this Court on 06.02.2025, on the strength of which, the sale was made absolute and as per the direction of this Court, the Development Authority handed over the vacant possession of the land in question having area 752.49 square meters to the highest bidder Ved Prakash Dubey on 26.05.2025.
10. This Court has considered the disbursement of the bid amount of Rs.5,10,00,000/- for satisfying the legitimate dues of the respective banks as existing on the date of NPA apart from protecting the interests of the respective purchasers in proportion to the carpet area purchased by them. The total amount of the three banks as due on the date of NPA comes at Rs.1,62,71,720.72/- which is liable to be paid to the respective banks. The Registrar General shall ensure the payment of the due amount to the respective banks within a period of one month.
11. The Registrar General of this Court either himself or through any other person appointed by him, shall take necessary steps for disbursement of the balance amount after clearing the legitimate dues of the three banks, which comes to Rs.3,47,28,279.28/-to the purchasers/flat owners whose list came to be supplied by the developer, in proportion to their carpet area. The list of the purchasers and their carpet area are as follows:
Sl.No. Name Flat Nos.
Area as mentioned in sale deed Name of the Banks Account paid as sale consideration 1 Munna T101 250 sq.feet Vijaya Bank Amount in question was disbursed to the flat owner after clearing the outstanding amount calculated by respective banks. 2
Radha Devi G102 250 sq.feet Vijaya Bank
-
3 Pramod Kumar Srivastava F202 and F101 800 sq. feet Vijaya Bank
-
4 Ratnesh Chandra Mishra T201 450 sq.feet Vijaya Bank
-
5 Sanjay Kumar Singh G303 570 sq.feet Vijaya Bank
-
6 Sayyed Mohd. Yasif G202 400 sq.feet Vijay Bank
-
7 Prem Narayan Sharma S102 200 sq.feet Vijaya Bank
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8 Rashmi Singh F301 800 sq.feet Vijaya Bank
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9 Kanishk Sharma F304 650 sq.feet Vijay Bank
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10 Raj Kumar Chaurasiya T304 700 sq. feet Vijaya Bank
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11 Sanjay Kumar Sinha UT401 800 sq.feet Vijaya Bank
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12 Rajesh Kumar Roy S302 650 sq.feet Vijaya Bank
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13 Aparna Arya S202 and 101 600 sq.feet Vijaya Bank
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14 Ajay Kumar Pal T102 130 sq.feet Vijaya Bank
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15 Anuj Kumar Verma G302 600 sq.feet Vijaya Bank
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16 Sunil Kumar Pandey F303 800 sq.feet Vijaya Bank
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17 Pawan Singh T302 650 sq.feet State Bank PB Branch
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18 Vinay Kumar Biala LF401 1000 sq.feet State Bank PB Branch
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19 Sudhanshu Srivastava US401 1000 sq.feet State Bank PB Branch
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20 Ashwani Kumar Shukla S304 800 sq.feet State Bank PB Branch
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21 Ravindra Nath Yadav S201 450 sq.feet State Bank PB Branch
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22 Vasudev Rai UF402 1000 sq.feet State Bank PB Branch
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23 Anil Kumar Srivastava S301 700 sq.feet State Bank PB Branch
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24 Hari Kumar Sharma UF401 1000 sq.feet State Bank PB Branch
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25 Sudha Singh T303 600 sq.feet State Bank PB Branch
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26 Kiran Devi G101 250 sq.feet State Bank PB Branch
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27 Shyam Bihari Tiwari US402 800 sq.feet Bank of Maharashtra
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28 Anand Kumar Pandey S303 800 sq.feet Bank of Maharashtra
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29 Lakhan Lal F201 and F102 700 sq.feet Bank of Maharashtra
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30 Uma Shankar Gupta G301 650 sq.feet State Bank PB Branch
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31 Late Raghunandan Mathur LF402 1000 sq.feet State Bank PB Branch
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32 Rani Mishra F302 800 sq.feet Bank of Maharashtra
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33 Narendra Mohan Singh UT402 800 sq.feet Vijaya Bank
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34 Dilip Kumar Srivastava G201 450 sq.feet Vijaya Bank
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35 Hutesh Yadav T202 550 sq.feet Vijaya Bank
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36 Hiramani Sharma T301 550 sq.feet Vijaya Bank
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37 Pankaj Agarwal G-01 130 sq. feet
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12. The total carpet area purchased by the 37 flat owners is 23,230 square feet and if the balance amount of Rs.3,47,28,279.28/- is divided by the total carpet area, the net amount to be payable per square feet would come to Rs.1494.97/-. The Registrar General either himself or through any other person appointed by him, upon making identification of the purchasers from the above-mentioned list, shall disburse the amount so arrived at to the respective purchasers in proportion to their carpet area.
13. Learned counsel appearing on behalf of the Banks and learned counsel appearing on behalf of the purchasers named in the chart above shall provide details of Bank Account, Adhar Card, PAN Card to the Registrar General of this Court so that payments may be made to the Banks and respective purchasers either by way of Demand Draft or Electronic Transfer (NEFT). Learned counsel appearing on behalf of the purchasers shall also provide exact amount payable to the respective purchasers to the Registrar General of this Court within a period of one week from date.
14. This Court has further accorded its consideration on the point of execution of a sale deed to the highest bidder Ved Prakash Dubey, the proprietor of Ved Enterprises which is liable to be executed and get the same registered by the Registrar General of this Court.
15. Considering the attending facts and circumstances of the case, the present writ petition along with other connected matters is disposed off by this Court in the following manner:
(i) The Registrar General of this Court shall execute a sale deed in regard to the land ad-measuring 752.49 square meters situate at Bungalow No.7, Beli Road, Plot Nos. 1 and 1-A, Katra Housing Yojna, Prayagraj in favour of Ved Prakash Dubey son of Surendra Nath Dubey, the proprietor of Ved Enterprises, 328, Dhanuha, Naini, Prayagraj in accordance with law. We make it clear that stamp papers for the conveyance shall be purchased by the Sri Ved Prakash Dubey son of Surendra Nath Dubey and all legal formalities will be complied with by him. Furthermore, the notice of the registered sale deed must be provided to the Registrar General of this Court three days in advance.
(ii) The Registrar General shall ensure the payment of Rs.1,62,71,720.72/- to the respective banks towards satisfaction of their outstanding dues as noted above within a period of 30 days from the date of this order.
(iii) Respective Banks shall issue No Dues Certificate to their respective loanees within 30 days from the date of receiving their outstanding dues noted above.
(iv) The Registrar General either himself or through any other person appointed by him shall ensure the payment along with of Rs.3,47,28,279.28/- alongwith legitimate interest accrued thereon to the purchasers concerned as referred to in Para 10 of this order, in proportion to their carpet area at the rate of Rs.1494.97 per square feet upon making their due identification to that effect within a period of 30 days from the date of this order.
16. With the above directions, the writ petition is disposed of.
(Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) September 24, 2025 Dev