Court No. - 42
Case :- WRIT - C No. - 15561 of 2021 Petitioner :- Abhay Ram Respondent :- State of U.P.
Counsel for Petitioner :- Suman Kumar Yadav Counsel for Respondent :- Satish Chaturvedi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Pankaj Srivastava, learned counsel appearing for the respondent - State Bank of India.
Present writ petition has been filed seeking quashing of the impugned notice dated 30.9.2020 of Rs. 1,94,127/- plus interest issued by the respondent no. 4 filed as Annexure-3 to the writ petition . A further prayer in the nature of mandamus directing the respondent no. 2 to grant benefit of waiver scheme to the petitioner issued by the State Government and the list prepared on 4.8.2017 has also been made.
Submission is that the name of the petitioner was included in the list dated 4.8.2017 prepared for grant of benefit of waiver scheme.
Learned counsel for the Bank pointed out that now the scheme is no longer in existence.
Learned counsel for the petitioner submitted that the petitioner cannot be held responsible for any such fault on the part of the Bank as his name was included in the list.
Learned Standing Counsel submitted that at first instance the grievance of the petitioner can be looked into by the respondent no. 2 on its own merit.
In such view of the matter, this writ petition is disposed of with a direction to the respondent no. 2, the District Magistrate/Recovery Officer, Sambhal to consider and decide the representation of the petitioner, in accordance with law, preferably within a period of two months from the date of production of a self attested copy of this order which may be verified from the website of this Court.
It is made clear that this Court has not considered the merits of the claim of the petitioner and the respondent no. 2 shall act strictly in accordance with law.
No costs.
Order Date :- 27.7.2021 p.s.
Digitally signed by Justice Vivek Kumar Birla Date: 2021.07.27 16:37:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad