Court No. - 4
Case :- WRIT - C No. - 20060 of 2019 Petitioner :- Harpal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Krishan Yadav,Govind Kumar Saxena Counsel for Respondent :- C.S.C.,Amrish Sahai Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Amrish Sahai, learned counsel for respondent no. 3.
The petitioner has taken loan of Rs.5 lac from the respondent bank for establishing dairy. The petitioner has deposited Rs.5,52,000/- upto 06th October, 2016 and there is no payment due to the respondent no.3 from petitioner. The respondent no.3 has issued notice dated 22.04.2019 asking the petitioner to deposit Rs.4,01,566/- otherwise recovery certificate shall be forwarded to the respondent no.2 i.e. Collector, Aligarh to recover it as land revenue.
The petitioner in response to the said notice has sent reply by registered post on 17.05.2019. The copy of the objection containing postal receipt has been annexed as annexure 6 to the writ petition. Thus, the submission of learned counsel for the petitioner is that there is no amount due from the petitioner to the respondent bank and recovery proceeding against the petitioner is illegal.
Per contra, learned counsel for the respondent bank would contend that respondent no.3 has issued a show cause notice on 22.04.2019 and there is no recovery certificate issued against the petitioner till date. Thus, petitioner has no cause of action to file the present petition.
Be that as it may, considering the facts of the present case, the petitioner is permitted to submit a fresh objection to the respondent no.3 raising all his grievances within a period of ten days from today in response to the notice dated 22.04.2019 issued by the respondent bank and competent authority shall consider the objection of the petitioner and decide the same within period of one month thereafter by reasoned and speaking order.
With the aforesaid observations, the writ petition is disposed off.
Order Date :- 12.6.2019/Sattyarth