MUKESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Mohd Sauood, learned counsel for the petitioner and Shri Pankaj Srivastava, learned panel counsel for the respondent no.3, and learned Standing Counsel for State-respondents.

(2.) This writ petition under Article 226 of the Constitution of India has been filed by the Petitioner, who is an auction purchaser, seeking directions against Respondents in relation to the water supply problem, which was discovered post-sale in respect of a property purchased through SARFAESI e- auction. The grievance of the Petitioner is that there is significant liability in terms of society dues, which had accrued under the account of the previous owner and that was neither disclosed by the Bank at the time of auction, nor was known to the Petitioner prior to taking possession. The main contention of the petitioner is that such liability was not reflected in any encumbrance certificate and therefore he has approached the Court for following relief:

(3.) The fact of the matter is that the petitioner and his son were declared highest bidder for the flat and subsequently, certificate of sale dtd. 6/4/2024 was issued by the respondent no.3, Bank in favour of the petitioner and his son. The property in question was put to auction by the respondent no. 3, Bank as per the published sale notice dtd. 6/12/2023 for E-Auction under the SARFAESI.