GARG OIL INDUSTRIES Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri N.C.Rajvanshi, Senior Advocate, assisted by Sri Prakash Chandra Shukla, for petitioners and learned Standing Counsel for respondents 1, 2 and 5. None has appeared on behalf of respondent 3, U.P. Financial Corporation, and respondent 6-Taj Singh Tyagi, though this petition has been called in revise, hence we proceed to hear and decide the same after hearing counsel for petitioners and learned Standing Counsel.

(2.) This writ petition under Article 226 of Constitution has been filed with a prayer for issue of writ of certiorari to quash sale deed dated 03.9.2001 and supplementary sale deed dated 26.9.2001 executed by U.P. Financial Corporation (hereinafter referred to as "UPFC") in favour of Tej Singh Tyagi respondent-6. Further a mandamus has been sought commanding respondents to hand over possession of land, building, plant and machinery etc. to petitioners and not to proceed with any recovery.

(3.) By way of amendment, two prayers have been inserted; one is to issue a writ of certiorari to quash notice dated 13.6.1997 and further a writ of mandamus not to charge interest over loan amount after 10.6.1997, when physical possession of Unit was taken over by UPFC.