Court No. - 28
Case :- WRIT - C No. - 6500 of 2019 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishnu Dayal Agarwal,Sandhya Agarwal Counsel for Respondent :- C.S.C.,Amrish Sahai Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri V.D.Agarwal, learned counsel for the petitioner, learned standing counsel for respondent nos.1, 2 and 3 and Sri Amrish Sahai, learned counsel for respondent no.4.
The contention of the petitioner is that recovery certificate issued by respondent bank under Section 11-A of the U.P. Agricultural Credit Act, 1973 is against a dead person. According to learned counsel for the petitioner, a loan was extended by the bank in the name of Smt. Shanti Devi wife of Anek Singh, which is clear from perusal of Annexure 2, page 15 of the paper book. He has invited attention of the Court on page 13 of the paper book, which is a death certificate of Shanti Devi.
Sri Amrish Sahai, learned counsel for the bank submits that the loan was sanctioned and disbursed in the name of Shanti Devi.
In view of the above, as the recovery certificate has been issued against a dead person, it is well settled that no recovery can be made against a dead persons, Sri Amrish Sahai very fairly submits that the bank is ready to withdraw the recovery certificate issued against Shanti Dvi and shall proceed afresh.
In view of the statement so made, the recovery certificate dated 1.4.2018 is setaside leaving it open to the bank to proceed afresh in accordance with law.
The writ petition stands disposed of.
Order Date :- 25.2.2019 AKJ