Court No. - 42
Case :- WRIT - C No. - 16099 of 2021 Petitioner :- Shyam Lal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vishwa Nath Mishra Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri S.K. Rai, learned counsel holding brief of Sri Manoj Nigam, learned counsel appearing for the respondent no. 4 and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"Issue a writ order or direction in the nature of mandamus directing the respondent Bank not to proceed further in recovery proceeding pursuant to the impugned recovery certificate dated 16.09.2019 issued by the respondent Bank and waived the loan amount of the petitioner under the Loan Waived Scheme, so that justice may be done. "
Learned counsel for the petitioner submitted that the petitioner falls within the purview of Loan Waiver Scheme launched by the State Government but, even then the respondent Bank has issued recovery certificate against the petitioner in most arbitrary manner. He further submitted that a huge amount is being shown to be recoverable from the petitioner in recovery certificate and the petitioner has not been supplied the statement of account.
Learned counsel appearing for the respondent, Bank submits that all such grievances of the petitioner can be suitably considered by the respondent no. 4, U.P. Sahkari Gram Vikas Bank Ltd. Lucknow through its Branch Manager, Branch Bareilly, District Bareilly, at the fist instance.
Accordingly, present petition stands disposed of with liberty to the petitioner to file a fresh and detailed representation before no. 4, U.P. Sahkari Gram Vikas Bank Ltd. Lucknow through its Branch Manager, Branch Bareilly, District Bareilly. In case, any such representation is filed within two weeks from today before the respondent no. 4 along with self- attested copy of this order, which may be verified from the official website of this Court, the respondent no. 4 may consider and decide the same on its own merits strictly in accordance with law preferably within a period of four weeks' from the date of filing of such representation.
It is further made clear that the representation of the petitioner may be decided by the respondent no. 4 by way of passing a reasoned and speaking order by recording specific finding as to whether the petitioner is covered under the said Loan Waiver Scheme launched by the State Government or not and the manner of calculation of the amount due shall also be given with statement of account.
For a period of six weeks' or till the disposal of the representation filed by the petitioner, whichever is earlier, no coercive action shall be taken against the petitioner for recovery of the amount.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 29.7.2021 Aditya