Madhya Pradesh High Court
WP/2724/2024 of RAKESH ARORA Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESH
AT INDOREBEFORE
HON'BLE SHRI JUSTICE PRANAY VERMAON THE 5[th] OF FEBRUARY, 2024
WRIT PETITION No. 2724 of 2024
BETWEEN:-
RAKESH ARORA S/O SHRI KASHMIRILAL JI ARORA,AGED ABOUT 56 YEARS, OCCUPATION: BUSINESS ROBUNGALOW NO. 48 NEEMUCH DISTT. NEEMUCH(MADHYA PRADESH)
(BY SHRI MAKBOOL AHMAD MANSOORI- ADVOCATE)
AND
1.THE STATE OF MADHYA PRADESH PRINCIPALSECRETARY DEPARTMENT OF EXCISE VALLABHBHAWAN BHOPAL (MADHYA PRADESH)SECRETARY DEPARTMENT OF EXCISE VALLABHBHAWAN BHOPAL (MADHYA PRADESH)
.....PETITIONER
2.UCO BANK THROUGH ITS CHIEF EXECUTIVEOFFICER CUM MANAGING DIRECTOR UCO BANKHEAD OFFICE, 10, B T M SARANI KOLKATA (WESTBENGAL) (WEST BENGAL)OFFICER CUM MANAGING DIRECTOR UCO BANKHEAD OFFICE, 10, B T M SARANI KOLKATA (WESTBENGAL) (WEST BENGAL)
3.UCO BANK NEEMUCH THROUGH THE BRANCHM ANAGER UCO BANK NEEMUCH (MADHYAPRADESH)M ANAGER UCO BANK NEEMUCH (MADHYAPRADESH)
(BY SHRI MUKESH PARWAL - PANEL LAWYER)
.....RESPONDENTS
This petition coming on for admission this day, the court passed the following:
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ORDER
By this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
"7.1 It is therefore most humbly prayed that this Hon'ble
Court may kindly be pleased to allow this petition and anappropriate writ, order or direction may kindly be issued directingthe respondent No.3 to consider the representation submitted bythe petitioner and to release the documents of the immovableproperties owned by the petitioner as mentioned in the BankGuarantee dated 29.03.2022.
7.2 An appropriate writ, order or direction may kindly be issueddirecting the respondent No.3 t conduct an enquiry and to take anappropriate and suitable action against the concerning persons orofficers, who are responsible to use the documents of the petitionerswithout his consent.
7.3 Any other relief, which this Hon'ble Court deem fitunder the facts and circumstances of the case, may kindly begranted in favour of the present petitioner. "
2. Learned counsel for the petitioner submits that in respect of the reliefas claimed by the petitioner in this petition, he has already made an applicationon 05.01.2024 (Annexure P/3) to the respondent No.3 but the same is stillpending consideration and has not been decided. A prayer has been made for adirection to respondent No.3 to decided the application to the petitioner within astipulated period.
3. In the available facts and circumstances of the case, I deem it fit andproper hence direct that the application dated 05.01.2024 (Annexure P/3) of thepetitioner shall be decided by respondent No.3 within a period of four weeksfrom the date of receipt of certified copy of this order in accordance with law.
4. With the aforesaid, without expressing any opinion on merit, petitionstands disposed off.
(PRANAY VERMA)JUDGE