Court No. - 7
Case :- WRIT - C No. - 42804 of 2018 Petitioner :- Sanjay Kumar Goyal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kalp Dev Mishra Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Kalp Dev Mishra, 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 he had repaid the loan taken from the bank on 24.04.2017 and the account is admitted to have been closed thereafter. With respect to the loan waiver granted by the State Government, on a complaint made by the petitioner, a communication has been issued by the bank stating that the amount of Rs.1,00,000/- was transferred into his account on 12.01.2018.
3. In such facts, it has been submitted that if at all that amount is to be paid to any person, the petitioner is the only person entitled to the same or else the money should have been returned to the State Government. Further the bank could not misappropriate the same.
4. In view of the above, no useful purpose would be served in keeping this petition pending any further or calling for counter affidavit.
5. The writ petition is disposed of with a direction that in case the petitioner files a representation to respondent no. 3 alongwith a certified copy of this order within a period of three weeks from today, the said respondent shall pass a reasoned and speaking order giving full details of the amount of Rs.1,00,000/- stated to have been received in the petitioner's account and now the same has been accounted for. The order shall also specify why the amount had not been paid to the petitioner if he was entitled to the same. Such order may be passed necessarily within a period of three months from the date of filing of such representation.
Order Date :- 20.12.2018 S.Chaurasia