SONE DEV SHARMA AND OTHERS Vs. LEARNED ADDITIONAL DISTRICT MAGISTRATE (FINANCE AND REVENUE) ALIGARH AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri. Ashish Agrawal, learned counsel for the respondent No. 2 bank.

(2.) This writ petition is purported to have been filed for the cause of those who have utilized the facility for storing the potatoes with the respondent No. 3. The respondent No. 3 is facing proceedings under the SARFAESI Act, 2002. The petitioners contend that their potatoes which has been stored in the cold storage, their fate hangs in balance and therefore a mandamus should be issued for unlocking the premises and for allowing the cold storage to be operated in order to preserve the potato crops that have been stored in the cold storage. This prayer is in effect to allow the respondent No. 3 to be operational which in our opinion amounts to asking for a relief for the respondent No. 3. The petition therefore might be a proxy petition for the benefit of the respondent No. 3.

(3.) Sri. Ashish Agrawal, learned counsel appearing for the bank submits that earlier four such depositors had approached this Court by filing Writ C No. 10956 of 2018 with the same prayer where the counsel for the bank had intimated about the possession having been taken and on this the petitioners prayed for removal of their potatoes stored in the cold storage. In view of the statement of the counsel for the bank that the said farmers would be allowed to withdraw their potatoes from the cold storage within ten days, the petition was disposed of. A copy of the order dated 29.03.2018 has been placed before the Court.