PRAMILA AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief:-

(2.) It is the case of the petitioners that they are the purchasers of the property bearing house No. 20/1502/1 situated at Kali Mai Santar Morar, Gwalior and have purchased the same by a registered sale deed dated 30.12.2004. The said property was purchased by the petitioners from one Smt. Mamta Agrawal. On 08.01.2019 an article was published mentioning therein that the property belonging to Smt. Mamta Agrawal would be auctioned as she stood as a guarantor in the loan transaction between the borrower Mukesh Agrawal and Punjab National Bank, Morar Branch, Gwalior. Accordingly, the auction was conducted on 14.01.2019. It is also mentioned in the writ petition that the auction was conducted in pursuance of the order dated 11.01.2011 passed by this Court in W.P. No. 2520/2011. It is further stated that the petitioners had submitted an application on 11.01.2009 before respondent No. 2 apprising him of the fact that the petitioners are purchaser of the said property and they are willing to deposit the entire loan amount and requested that the auction of the property be cancelled. Respondent No. 2 refused to accept the application and, accordingly, copy of the application was sent by courier to the respondent No. 2. This petition was filed on 14.01.2019 mentioning that the auction process is yet to conclude and no sale certificate is issued in anybody's favour.

(3.) The petitioners have suppressed the material facts in the petition.