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2023 Supreme(Jhk) 879

SANJAYA KUMAR MISHRA, ANANDA SEN
Amarnath Pandey – Appellant
Versus
Bank of Baroda – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Atul Rai, Advocate, Mr. Amit Kumar Asthana, Advocate
For the Respondent:Mr. P.A.S. Pati, Advocate, Mr. Ashok Kumar Yadav, Sr. S.C.-I, Mr. Ranjan Kumar, A.C. to Sr. S.C.-I

ORDER :

Sanjaya Kumar Mishra, J.

1. By filing this writ petition under Article 226 of the Constitution of India the petitioner has prayed for issuance of writ or writs in the nature of certiorari to quash the sale certificate dated 20.05.2014 issued in favour of the petitioner as he was declared as successful bidder in an e-auction conducted by the respondents-bank on 29.03.2014 for the sale of immovable property consisting of 200 decimals of land in Mouza Durga bearing plot no. 3120, Khata No. 17, P.S. No. 49 in the district of Bokaro.

He has also prayed for a writ of mandamus directing the respondents bank to return tender money of Rs.6,60,000/- along with an interest @ 18% per annum on the ground that in spite of the complete payment made by the petitioner, the respondents-bank has refused to register the land in the name of the petitioner and sitting over the matter since 2014. He has also prayed for a direction to pay compensation to him by the bank.

2. The facts of the case are mostly not in dispute. The petitioner is a businessman. He, in response to the e-auction conducted by the Bank of Baroda on 29.03.2014 for sale of immovable property consisting of 200 decimals as described

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