- (1.) Heard learned counsel for the parties. The present writ petition has been filed seeking the following prayers: I) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice published in daily newspaper 'Dainik Jagran' dated 01.02.2002 in its daily edition published from Gorakhpur (Annexure-13 to the writ petition). II) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 31.10.2001 (Annexure-10 to the writ petition). III) Issue a writ, order or direction in the nature of mandamus commanding the respondents to accept the amount of Rs. 5,00,000/- as per One Time Settlement (O.T.S.) finalized on 30.06.2001 and the schedule fixed by the petitioner for payment of the said amount on 30.06.2001. IV)Issue any other and further suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. V) Award costs of this writ petition.
(2.) The facts in brief as involved in the present writ petition are as follows:- The petitioner has purchased a property known as M/s Sundeep Hotel, Bharauli Bazar, Malviya Road, Deoria for an amount of Rs. 11 Lacs by a registered sale deed dated 03.08.1998; that after purchase of the aforesaid property, the petitioner has invested a substantial amount on the same and thus, the value of the said property has subsequently and substantially enhanced; that it was only after a substantial money has been invested in the property aforesaid by the petitioner, the petitioner came to known that the said property has been hypothecated with the U.P. Financial Corporation. Keeping in view, the huge investment already made by the petitioner, the petitioner vide his letter dated 18.03.1999 requested the U.P. Financial Corporation to accept whatever amount is due against the property in dispute from the petitioner and the property may thereof be exempted from hypothecation; that in response to the letter of the petitioner dated 18.03.1999, the U.P. Financial Corporation sent a letter to the petitioner, same being letter dated 07.08.1999. In the said letter it has been admitted in so many words that the petitioner has entered into the shoes of the borrower and it has also been mentioned in the said letter that the petitioner is bound to pay the dues of the Corporation which, as per the letter are as follows:- JUDGEMENT_370_LAWS(ALL)9_20131.html
(3.) In the said letter it has been mentioned to the following effect:- "Your are, therefore, advised to remit the total sum of Rs. 6,61,058.73/-+interest accused due from 21.09.1999 till the date of payment to U.P. Financial Corporation within 7 days from the date of issue of this letter failing which we shall be compelled to enforce our legal rights available to the Corporation under law.";