Hon’ble Uma Nath Singh, J.—This writ petition has been filed mainly with two prayers, namely: (i) to issue a writ in the nature of mandamus commanding respondent/opposite party No. 1 namely U.P. Avas Evam Vikas Parishad to demarcate lands measuring 42.45 acres out of 63.45 acres, which are mortgaged so that if at a later date the properties at serial No. 6 as mentioned in Annexure P/1 were to be sold by respondent No. 3, there would be no ambiguity in identifying such properties, and (ii) to command respondent No. 2 to implement his order dated 6th September 2011 within a time frame, preferably, within a period of three months in order to sell the properties at serial Nos. 1 to 5 which are also contained in Annexure P/1, and to restrain him from proceeding with the application filed on 20.10.2011 (Annexure P/7) by respondent No. 3 till the properties at serial Nos. 1 to 5 are not sold.

2. Besides, the petitioner company has also made a general prayer for issuance of any other writ, direction, or order(s) as may be deemed fit and proper in the facts and circumstances of the case.

3. Sri Aarohi Bhalla, learned counsel, appearing for the petitioner company during the course of hearing gave up prayer No. 2. Thus, the area of consideration on the petition shall now be confined only to prayer No. 1.

4. The brief facts giving rise to filing of this petition are that respondent No. 3 had taken a loan of Rs. 75.07 crores between December 1995 to 1998 from the Housing and Urban Development Corporation Limited, (for short ‘the HUDCO’), respondent No. 4, a Public Financial Institution. Respondent No. 3 mortgaged its properties with the HUDCO-respondent No. 4 in order to secure the loan sanctioned by that financial institution. However, respondent No. 3 failed to return/repay the loan amount, therefore, respondent No. 4 was compelled to initiate the recovery proceedings before various fora.

5. The details of properties/lands under the mortgage are as follows:

(i) Multi-storied Building/Hospital Complex on Plot No. 1-2, Ambedkar Road, opposite Bus Depot, Ghaziabad, (U.P.) measuring 6009.36 sq.mts. together with the super structure constructed thereon in terms of the Sale-deed dated 14.10.1996;

(ii) Land measuring 20234.25 sq.mts.(5 Acres) in Block No. K-Pratap Vihar, Sector-12, Ghaziabad (U.P.) together with the super structure constructed thereon in terms of the Lease Deed dated 15.9.1995 and the Conveyance Deed dated 3.2.1996;

(iii) Land measuring 20234.25 sq.mts (5 Acres) in Block No. J-Pratap Vihar, Sector 12, Ghaziabad, U.P. together with the super structure constructed thereon in terms of the Lease Deed dated 15.9.1995 and the Conveyance Deed dated 3.2.1996;

(iv) Land measuring 5.766 acres in Pratap Vihar, Sector-12, Ghaziabad (U.P.) together with the super structure constructed thereon in terms of the Sale-deed dated 11.4.1997;

(v) Land measuring 2784.27 sq.mts. at 16, HIG Houses, bearing No. HI-H16 in H-Block, Pratap Vihar, Sector 12, Ghaziabad, (U.P) together with the super structure constructed thereon in terms of the Lease Deed dated 15.9.1995 and the Conveyance Deed dated 3.2.1996, and

(vi) Land measuring 108 Bighas, 01 Biswas, 14 Biswancies and 13 Kachwancies within the revenue limits of village Akbarpur, Village Behrampur and Village Mirzapur, Pargana-Loni, district Ghaziabad (U.P.) purchased by respondent No. 1 vide 136, the separate Sale-deeds.

6. When the proceedings for recovery of loan initiated by respondent No. 4 went in appeal before the Debt Recovery Appellate Tribunal, Delhi (in short ‘the DRAT’), respondent No. 3, the trust approached the petitioner proposing to sell the contiguous pieces of land measuring 63.45 acres, situated at village Akbarpur and Bherampur, Mirzapur and Mitepur, Tehsil and District Ghaziabad, U.P. The offer was made by the Trust because of being in the urgent need of money required to be deposited within an stipulated time, under the directions of the DRAT. Thus, it entered into an Agre