Court No. - 7
Case :- WRIT - C No. - 42807 of 2018 Petitioner :- Khyali Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jamwant Maurya Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Jamwant Maurya, learned counsel for the petitioner and Sri Pankaj Srivastava, Advocate holding brief of Sri Satish Chaturvedi, learned counsel for the respondents.
2. Learned counsel for the petitioner states that the petitioner's father Sri Kishan Swaroop had taken a loan from the respondent-bank of Rs. 1,00,000/-. While that loan was taken in the year 2010, the petitioner's father died on 18.05.2012 and certain amount was outstanding against him.
3. Later on 10.09.2014, a recovery certificate issued in the name of the deceased. The petitioner is aggrieved by the recovery certificate as he pleads that the recovery is being pressed against him in pursuance of that recovery certificate.
4. Further it has been submitted that the petitioner is entitled to the loan waiver scheme enforced in the State of Uttar Pradesh and in that regard he had made an application to the District Magistrate-Mathura on 16.08.2018 which has remained pending.
5. In such facts, no useful purpose would be served in keeping this petition pending any further or calling for counter affidavit.
6. The writ petition is disposed of with the following directions:-
(i) The petitioner may file a fresh representation before the Collector / District Magistrate-Mathura within a period of three weeks from today alongwith certified copy of this order containing his objection as to the recovery certificate dated 10.09.2014 issued against the petitioner's father (deceased) being pressed against him and his prayer for grant of benefit of loan waiver scheme.
(ii) In the event of such representation being filed, it is expected that the Collector / District Magistrate-Mathura shall pass an order/s with respect to the aforesaid issues within a period of one month from the date of such representation being filed.
7. The said order may be communicated to the petitioner in writing at the address disclosed by him in the writ petition.
8. For a period of two months' from today or till disposal of the representation to be filed by the petitioner, whichever is earlier, recovery proceedings initiated against the petitioner may be kept in abeyance.
Order Date :- 20.12.2018 S.Chaurasia