Court No. - 21
Case :- WRIT - C No. - 70 of 2021 Petitioner :- Bhanu Pratap Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Arvind Kumar, learned counsel for the petitioner and Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel for the State-respondents.
The present writ petition is preferred seeking following reliefs;-
"(i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated, impugned recovery citation dated 30.01.2020 issued by Tehsildar Mahoba, District Mahoba amounting Rs. 2,00,000/- (annexure no.3) to this writ petition.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to create auction of the movable and immovable property of the petitioner for the purpose of recovering of the loan amount".
The aforementioned reliefs have been opposed by Shri B.B. Pandey, learned Chief Standing Counsel on the pretext that the recovery citation has been issued only in response to the award dated 09.3.2018 passed by the Motor Accident Claims Tribunal/Additional District Judge (F.T.C.), Mahoba. More so, the same was consented order and till now, the said award has not been upset by any higher Court. Therefore, at this stage the recovery citation dated 30.01.2020 cannot be stayed.
Once an objection is raised then the Court has occasion to peruse the record in question and finds that admittedly, the award was made on 09.03.2018 by the Motor Accident Claims Tribunal and till now, the same has not been upset. Therefore, at this belated stage, the Court declines to exercise the discretionary jurisdiction under Article 226 of Constitution of India.
Accordingly, the writ petition fails and is dismissed.
Order Date :- 8.1.2021 Neeraj