Allahabad High Court
Hari Om Raman Singh vs Anil Kumar Sagar. Distt Collector. ... on 24 September, 2019
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- CONTEMPT No. - 1097 of 2011 Applicant :- Hari Om Raman Singh Opposite Party :- Anil Kumar Sagar. Distt Collector. D.M., Lko And Another Counsel for Opposite Party :- Pratul Kumar Srivastava,Abhay Kumar,C S C,Vinai Jeet Lal Verma,Vinayajit Lal Verma Hon'ble Jaspreet Singh,J.
The controversy involved in the above petition is limited to the extent that the applicants being auction purchasers have not been granted the possession despite the auction having been confirmed on 08.02.2008.
Shri Vinayjit Lal Verma, learned counsel has put in appearance on behalf of the Allahabad Bank who is the party to handover the possession of the property in question, has brought a certificate dated 17.09.2019 on the basis of which, it has been submitted that the property which was actually auctioned in favour of the applicants is in the possession of the Bank and they are ready and willing to handover the possession to the auction purchasers.
Shri Ajay Kishore Pandey on the other hand submits that despite the certificate the Bank is not in a position to handover the possession as there is dispute in so far as the identity of the property is concerned. It has been submitted by him that in the term of the auction, the applicants have purchased an open piece of land whereas at the site the same is in possession of some other person who has already raised construction and is running a school.
Be that as it may, as Shri Vijayjit Lal Verma has submitted on the basis of the written instruction received by him that the property which is subject matter of the auction is in the possession of the Bank and they are ready and willing to handover the vacant possession of the land as sold in term of the auction and mentioned in the sale deed executed in favour of the applicants.
In view of the above, this Court directs that the applicants alongwith with authorized officer and the Branch Manager of Allahabad Bank, Aishbagh Branch, Lucknow shall visit the property in question and the Bank Authority shall handover the peaceful and vacant possession to the applicants after recording their satisfaction relating to the identify of the property is concerned. This exercise shall be done on 28th of September, 2019 at 1.00 P.M. Both the parties shall be entitled to file their affidavits indicating the compliance of this order and spot proceedings.
Put up this matter on 1st of October, 2019.
Order Date :- 24.9.2019 ank