JUDGMENT :

1. Heard Sri Manish Trivedi, learned counsel for the petitioner, Sri Ashish Agrawal learned counsel for the Respondent-Bank and Sri B.P. Singh Kachhawah, learned Standing Counsel for the State. Let Additional District Magistrate (Finance and Revenue), District Varanasi be impleaded as Respondent No.3, today itself.

2. The present writ petition has been filed mainly for the following relief:-

"(a) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Manager, Union Bank of India, Varanasi) refund the entire amount paid by the petitioner in auction purchase of house no.8/335, Khajuri, Shivpur, District Varanasi, along with 12% interest."

3. Having heard learned counsel for parties and perused the record, it transpires, the petitioner is the auction purchaser of a secured asset bearing House No.8/335, Khajuri, Shivpur, District Varanasi (hereinafter referred to as the ‘secured asset’). It was put up for auction by the respondent-Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to the Act) for recovery of its dues against a home loan ad