The petitioner is challenging the recovery certificate dated 15.4.2010 whereby a sum of Rs.4,13,762/- is sought to be recovered from the petitioner as unpaid amount of agricultural loan granted to him by respondent no.3.
In respect to the aforesaid transaction of land the petitioner has already preferred a complaint bearing no.56 of 2009 before the District Consumer Redressal Forum, Fatehpur wherein counter affidavit has already been filed by the Bank. On the issuance of the impugned certificate the petitioner has also moved an application for grant of interim relief before the District Consumer Redressal Forum, as stated in paragraphs 15 and 16 of the writ petition.
In view of the fact that the petitioner is prosecuting his claim before the District Consumer Redressal Forum I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India pending the matter before the District Consumer Redressal Forum.
In the result the writ petition is dismissed with liberty to the petitioner to pursue his remedy before the District Consumer Redressal Forum.
Order Date :- 21.6.2010 BK