Court No. - 38
Case :- WRIT - C No. - 1476 of 2014 Petitioner :- Jameel Ahmad And 3 Others Respondent :- State Of U.P. Thru Secy. And 3 Others Counsel for Petitioner :- Kamaluddin Khan Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Ran Vijai Singh,J. Hon'ble Mukhtar Ahmad,J.
List has been revised. No one appears for the petitioners to press this writ petition. Learned Standing Counsel appears for the State - respondent.
Through this writ petition following prayers have been made-
(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent bank to adjust Rs.50,000/- towards arrears dues against repayment of loan as per the Government scheme/package issued for handloom weavers.
(ii) Issue a writ, order or direction in the nature of certiorari quashing effect and operation of the recovery citation dated 10.12.2012 and 21.8.2012 for petitioner nos. 1,2,3 and 4, issued by the respondent no. 3 and further be pleased to direct to the respondents not to take any coercive steps against the petitioners.
Considering the petitioner's prayer on 15.01.2014 following order was passed-
"We have heard learned counsel for the petitioners and Sri Sanjai Singh, learned counsel for respondent no.4-Bank as well as learned Standing Counsel for respondents no.1 to 3.
The petitioners had obtained loan of Rs. 50,000/- in the year 2009 for handloom unit. The said loan is said to be under State sponsored scheme of the Ministry of Textile, Government of India. The contention of the learned counsel for the petitioner is that the petitioner is entitled for loan waiver as per the letter dated 28.11.2012 issued by the Ministry of Textile, Government of India.
Sri Sanjai Singh points out that the conditions of the said letter dated 28.11.2012 is not applicable upon the petitioners as the condition mentioned therein pertains to those loan which were classified as non performing asset (NPA) on 31.3.2010. According to Sri Singh the outstanding dues of the petitioners was classified as NPA on 31.3.2012.
Prima facie it appears that the letter dated 28.11.2012 is not applicable upon the petitioners.
Three weeks time is granted to the respondents to file counter affidavit. The petitioners shall have two weeks thereafter to file rejoinder affidavit. The matter may come up after five weeks. "
2.
Considering the facts that petitioners have sought mandamus directing the respondents to adjust Rs.50,000/- in view of the provisions contained in State sponsored scheme, after initiation of the recovery proceedings, before considering petitioners prayer respondent was granted time in the year 2014 to file counter affidavit without granting any interim order in favour of the petitioners. Pursuant thereof respondent-bank has filed counter affidavit but no rejoinder affidavit has been filed.
It appears to us that recovery proceedings initiated again the petitioners have either been satisfied or petitioners are no more interested to pursue this writ petition.
The writ petition is disposed of with the observations aforesaid.
However, in case, any grievance is un-redressed, it will be open for the petitioners to seek recall of this order.
Order Date :- 26.2.2018 M.A.Ansari