B.K. Roy , Pramod Kumar Jain, JJ. - (1.) DESPITE repeated indulgences granted to the respondents, which is apparent from the order sheet, no counter has been filed. We proceed to dispose of this writ petition on merits at the admission stage itself. The petitioner, who claims to be owner of house No. 82, situate in village Ashapur, Pargana Shivpur, Tahsil and District Varanasi, standing over plot No. 45/1 area .014 decimals has come with a prayer to quash the notice dated 19.11.97 issued by Deputy Collector/District Magistrate, Varanasi, as contained in Annexure 3, by grant of a writ of certiorari. His further prayer is to command the respondents not to put in auction his house afore -mentioned.
(2.) A perusal of Annexure 3 shows that on account of non -payment of the loans of the Union Bank of India (Branch Pandeypur) (respondent No. 5) the impugned notice was issued according permission for sale of house No. 82, Lohia Nagar, Ashapur, Varanasi. The petitioner asserts that neither he had taken any loan from the Bank nor had he stood guarantor/surety of the person who had taken loan from the respondent No. 5. In the absence of any counter it is difficult to pass any positive order. Accordingly having heard Sri R.C. Srivastava, learned counsel appearing on behalf of the petitioner, Sri V.M. Sahai, learned counsel appearing for the respondent No. 5 and Sri Upadhyaya, learned Standing counsel appearing for respondents Nos. 3 and 4, we in the interest of justice dispose of this writ petition with a direction to respondents Nos. 3 and 4 to ascertain facts with regard to the claim of the petitioner and then proceed in accordance with law in relation to the house and land afore -mentioned. In the peculiar facts and circumstances of this case we make no order as to costs.
(3.) BEFORE parting it is clarified that anything said herein shall not be construed to mean by the petitioner that this Court has accepted his right, title or interest in regard to the land and house in question which was not called upon to be adjudicated in this writ proceeding. The office is directed to hand over a copy of this order to Sri Upadhyaya, learned Standing counsel, appearing on behalf of the respondent Nos. 3 and 4 within three days for its communication to and follow up action by the authorities.;