- (1.) THIS writ petition has been filed by the petitioner for order/direction in the nature of certiorari quashing the impugned order dated 30. 5. 2005 (Annexure No. 6), passed by respondent No. 3 and for a mandamus commanding respondent Nos. 1 and 2 not to proceed with the auction saie in view of proclamation dated 24. 9. 2007 regrading land Nos. 19, 22 and 23, situate in village Dando, Pargana and Tehsil Bara, District Allahabad.
(2.) WE have heard Sri Salil Srivastava, learned Counsel for the petitioner and sri S. K. Srivastava, learned Counsel appearing for respondent No. 1.
(3.) FROM the writ petition, it appears that the petitioner is a registered company under Companies Act, 1956 and Sri L. R. Sonkar, Smt. Gyani Devi and Sri Rajendra Kumar are its Directors. The another company, the respondent No. 3 M/s Shailendra and Brothers had taken loan from Central Bank of India, Rani Mandi Branch, Allahabad, the respondent No. 1 amounting to Rs. 14 lacs under C. C. Limit by mortgaging its property in the year 1989. The respondent No. 4 Rajendra Kumar was also one of the partners of said company. The petitioner's company purchased aforesaid plots in the year 1993 and 1994. These plots are the property of petitioner and in the revenue records, name of the petitioner has been mutaled. The respondent No. 1 filed a suit for recovery of Rs. 14, 24, 352/ only against respondent No. 3 in the year 1998, in which, the respondent No. 4 was also party. The suit was transferred to Debt Recovery Tribunal, which was decided on 22. 2. 2000 against respondent No. 3. The Recovery Officer issued recovery certificate dated 23. 5. 2003 for auction and sale of petitioner's property. The petitioner filed writ petition No. 25937 of 2003 before this Court and vide order dated 29. 6. 2003, the Bank was asked to furnish details of mortgaged property and that writ petition is still pending. The petitioner also filed objection on 30. 6. 2003 as third party against the attachment before the Recovery Officer, the respondent No. 2. The aforesaid objection was rejected on 26. 10. 2004 holding that the property was owned by respondent No. 4. The petitioner challenged the aforesaid order before this Court by filing Civil Misc. Writ Petition No. 55156 of 2004. This Court vide order dated 6. 1. 2005 directed the respondent No. 2 to decide the objection of petitioner afresh. The respondent No. 2 vide order dated 30. 5. 2005 rejected objection of the petitioner. The petitioner filed a suit No. 632 of 2005 before Civil Judge (Senior Division), Allahabad against Central Bank of India (respondent No. 1) which is still pending. The respondent No. 2 has issued a recovery certificate on 31. 8. 2007 as well as proclamation dated 24. 9. 2007 for auction of land referred to above. Since land is the property of the petitioner, there fore, that cannot be attached and auctioned for recovery of loan taken by respondent No. 3 from respondent No. 1. The petitioner wanted interim relief for stay of attachment, proclamation and sale.;