2021 (7) TMI 1354

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....ondents: Mr. Ajay Vaidya, Senior Additional Advocate General ORDER Ajay Mohan Goel, Judge By way of this writ petition, the petitioner-Bank Has primarily prayed for the following reliefs: "(a) That issuance of writ, direction to respondents to remove Rapat No. 628 dated 04.08.2018 against Khata Khatoni No. 140/152 (old 137/151), Khasra Nos. 435/322, 475/342, 476/432, 377/343, 478....

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....n this writ petition is akin to the one decided by this Court on 19.05.2021 in CWP No. 1638 of 2017, titled as Punjab National Bank and another Vs. State of Himachal Pradesh and others, this writ petition can be disposed of by observing that the findings returned in para-36 of the said writ petition shall mutatis mutandis apply to the present petition also. In other words, learned counsel submitte....

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....dent-State though has not seriously disputed the fact that the issue raised in this writ petition is covered by the judgment passed by this Court in CWP No. 1638 of 2017 (supra), however, he submitted that the judgment in the aforesaid petition is intended to be assailed by the State by way a Letters Patent Appeal and, therefore, this petition be disposed of in terms of the judgment passed in CWP ....

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....ue raised by the petitioner as to whether it is the "Secured Creditor" or the "Revenue", which has preference over the debts due to the Banks and Financial Institutions and this Court has not adjudicated any rights or disputes intra the petitioner-Bank and the private respondent(s). 6. To make it more clear, this writ petition is disposed of by holding that the findings returned in CWP No. 1638....