TMI Blog2015 (1) TMI 1503X X X X Extracts X X X X X X X X Extracts X X X X ..... isting property nor purchaser can be handed over possession thereof. Not only this, Bank itself has made several requests to the Collector to demarcate the property auctioned, therefore, Bank ought to have persuaded the Collector to undertake the demarcation proceedings at the earliest. Petitioner should not be allowed to suffer adversely for the lapses on the part of the Revenue Authorities or the Bank. Present petition was preferred in the year 2008 and vide order dated 23.10.2008 Bank was directed not to create any third party interest meanwhile. Keeping in mind the principle of equity, a mandamus can be issued in favour of the petitioner against the Bank to get the property demarcated preferably within eight weeks from today and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e consideration from the petitioner and physical possession thereof could be handed over to the petitioner; Bank has made several requests to the Collector, Dehradun to demarcate the properties auctioned and last letter was written on 03.03.2008, annexure No. 6 to the writ petition, requesting the Collector to demarcate the plot auctioned so that Bank may receive the balance of the consideration from the bidder and may execute the sale deed in favour of the highest bidder, i.e petitioner; no demarcation was carried out by the Revenue Authorities despite several requests made by the petitioner and the Bank; instead of pursuing the demarcation proceedings with the Revenue Authorities, Bank issued letter dated 23.04.2008, annexure No. 7 to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e property auctioned, therefore, Bank ought to have persuaded the Collector to undertake the demarcation proceedings at the earliest. Petitioner should not be allowed to suffer adversely for the lapses on the part of the Revenue Authorities or the Bank. On the other hand, Bank should also not loose interest on the outstanding amount to be paid by the petitioner. Present petition was preferred in the year 2008 and vide order dated 23.10.2008 Bank was directed not to create any third party interest meanwhile. In my considered opinion, keeping in mind the principle of equity, a mandamus can be issued in favour of the petitioner against the Bank to get the property demarcated preferably within eight weeks from today and to execute the sal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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