Jai Bahadur Singh vs Union Bank Of India
2011 Latest Caselaw 904 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 19717 of 2011
 

 
Petitioner :- Jai Bahadur Singh
 
Respondent :- Union Bank Of India
 
Petitioner Counsel :- Avinash Kumar
 
Respondent Counsel :- A.T. Kulshrestha
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Rajesh Chandra,J.

    The present Writ Petition has been filed, inter-alia, praying for quashing the Recovery Certificate dated 4.1.2011 sent by the respondent-Union Bank of India to the Collector, District Azamgarh for recovering the amount as arrears of land revenue under the U.P. Public Money Recovery of Dues Act, 1972.

    In paragraph 4 of the Writ Petition, the petitioner has, inter-alia, stated that the loan was taken "in the scheme of P.M.R.Y to instal Motor Vehicle".

    As the purpose for grant of loan and also the scheme, if any, under which the  same was granted, was not clear from the averments made in the Writ Petition, we granted time to Shri A.T. Kulshrestha, learned counsel for the respondent-Union Bank of India to obtain instructions in the matter.

    Shri A.T. Kulshrestha, learned counsel for the respondent-Union Bank of India has obtained instructions in the matter, and on the basis of the said instructions, he states that the loan was given to the petitioner for purchasing Motor Vehicle, namely, Mahindra Bolero.

    Shri A.T. Kulshrestha further states that such loan cannot be recovered as arrears of land revenue, and the Recovery Certificate has been sent by the respondent-Union Bank of India to the Collector, District Azamgarh under misconception.

    We have heard Shri Avinash Kumar, learned counsel for the petitioner and Shri A.T. Kulshrestha, learned counsel for the respondent-Union Bank of India.

    In view of the statement made by Shri A.T. Kulshrestha, learned counsel for the respondent-Union Bank of India, it is evident that the recovery proceedings initiated against the petitioner by issuance of Recovery Certificate dated 4.1.2011 for making recovery as arrears of land revenue under the U.P. Public Money Recovery of Dues Act, 1972 are without jurisdiction.

    In view of the above, the Recovery Certificate dated 4.1.2011 sent by the respondent-Union Bank of India to the Collector, District Azamgarh (Annexure-3 to the Writ Petition) is liable to be quashed.

    The Writ Petition is accordingly allowed. The Recovery Certificate dated 4.1.2011 sent by the respondent-Union Bank of India to the Collector, District Azamgarh (Annexure-3 to the Writ Petition) is quashed.

    This order will, however, not come in the way of the respondent-Union Bank of India to proceed against the petitioner to make recovery in respect of the loan in question in accordance with law.

Order Date :- 6.4.2011

Ajeet