Court No. - 32
Case :- WRIT - C No. - 50030 of 2012 Petitioner :- Smt. Kusum Lata And Others Respondent :- State Of U.P. Thru Secy. And Another Counsel for Petitioner :- D.K. Singh,G.K. Malviya,V.K. Singh Counsel for Respondent :- C.S.C.,Anuj Pratap Singh,Ashish Agrawal
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
Heard Sri G.K. Malviya and Sri V.K. Singh, learned counsel for the petitioners and Sri H.N. Singh, learned Senior Counsel, assisted by Sri Ashish Agrawal, learned counsel, appearing for the respondents.
The present petition has been filed by the petitioners, who are the legal heirs of the guarantor, who died in the year 1999. The proceedings arose from an agreement entered into by one of the co-promoters of a Company M/s Chandra Synthetics Limited.
The petitioners were called upon to pay the amounts mentioned in the said letter dated 24.2.2011 within a period of 30 days failing which it was threatened that the Corporation will take recourse for recovery of the amounts mentioned in the letter under the provisions of U.P. Public Money (Recovery of Dues) Act, 1992 being the legal heirs of the guarantor. No further steps have been taken by the Corporation. When the present petition was filed no interim order was passed by this court.
Considering the fact that only the letter has been impugned in the present writ petition, and no action has been taken till date, the present petition is premature, as no recovery has been initiated. We are not inclined to interfere with simple notice served on the petitioners who shall be at liberty to challenge any action that may be initiated by the respondent-Corporation in the future on all the grounds that may be available to the petitioners, including the grounds, which have been taken, in the present petition. We further clarify that we are not going into the merits of the averment made at the bar at this stage.
The writ petition is disposed of in terms of the said order.
Order Date :- 27.11.2019 Puspendra .
(Pankaj Bhatia,J.) (Shashi Kant Gupta,J.)