Court directs bank to consider representation for earnest deposit refund in restricted land auction without merits adjudication.

2.The Authorized Officer, Central Bank of India, Asset Recovery Branch, No.48/49, Monteith Road, Egmore, Chennai – 600 008. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1^st and 2^nd respondents to consider the petitioner’s representation dated 23.03.2024 and consequently direct the 1^st and 2^nd respondents to refund the earnest deposit money of Rs.3,40,500/- (Rupees Three Lakhs Forty Thousand and Five Hundred only).

For Petitioner : Mr.M.Venkadesh Kumar For Respondents : Mr.M.L.Ganesh

O R D E R

This Writ Petition has been filed to direct the respondents to consider the representation of the petitioner dated 23.03.2024 and to refund the earnest money deposit of Rs.3,40,500/- to the petitioner.

2. The case of the petitioner is that the petitioner participated in the e-auction sale conducted by the respondents/Bank on 20.08.2018 in respect of the property in Survey No.651/1 in Koodanagaram Village, Gudiyatham Taluk, Vellore District and he was declared as highest bidder for the sale consideration of Rs.13,62,000/-. The petitioner has paid 25% of the sale consideration on the same day. Subsequently, the petitioner applied for encumbrance certificate and came to know that the said land is classified as Depressed Community Land, meaning thereby that the same can be purchased by only Scheduled Caste persons. When the same was brought to the notice of the Bank, there was no proper response and till date, no registration was done. Therefore, the petitioner made a request to refund the earnest money deposit and sent a representation dated 23.03.2024, however, the said representation has not been considered so far. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner submitted that it would suffice, if the respondents are directed to dispose of the representation of the petitioner dated 23.03.2024 on merits and in accordance with law, within a specified period.

4. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondents.

5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 23.03.2024 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.