KOSHY VAIDYAN Vs. REGIONAL MANAGER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The writ petition has been filed seeking refund of a sum of Rs. 29,14,550.00 with up-to-date interest on account of petitioner having deposited the money as bid amount for a land which was put on sale by the respondents no. 1 to 6, but neither possession given nor registered deed executed.

(3.) Learned counsel for the petitioner submits that pursuant to being the successful bidder for a property appertaining to Khata Nos. 147 and 153 having area of 3 khatas 4 dhurs situated in village Mahpur, PS- Pachrukhi, District-Gopalganj, the petitioner deposited total bid amount of Rs. 29,14,550.00. Despite sale certificate having been issued in favour of the petitioner, the petitioner could not take possession of the land, as it had been sold by the ex-borrower of the respondent Allahabad Bank (hereinafter referred to as the 'Bank') much prior to the sale and the transferee was in possession. It is submitted that a fraud was committed on the petitioner when the property was sold without it being in the possession of the Bank and which the Bank knew that it could not give possession of and despite that without first taking possession of the land, the same was sold to the petitioner and also the entire consideration money taken. It is further submitted that the petitioner had to send legal notice in Oct., 2014 for refund of the money along with interest on the fixed deposit rate, but the same has not been done.