Allahabad High Court
Ankur Jindal vs State Of U.P. And Others on 30 May, 2011
Bench: Satya Poot Mehrotra, Ashok Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - C No. - 32110 of 2011
Petitioner :- Ankur Jindal
Respondent :- State Of U.P. And Others
Petitioner Counsel :- U.K. Purwar
Respondent Counsel :- C.S.C.,Rajiv Sharma
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Ashok Srivastava,J.
The present Writ Petition has been filed making the following prayers:
"(A) Issue a writ order or direction in the nature certiorari quashing the Recovery Citation dated 16.5.2011 issued by the Respondent No. 4.
(B) Issue a writ order or direction in the nature of mandamus directing the Respondent No. 3 to decide the pending representation of the petitioner dated 17.5.2011 within such period as may be prescribed by this Hon'ble High Court.
(C) Issue a writ order or direction in the nature of mandamus directing the Respondent No. 2 and 3 to issue recovery proceedings against the respondent No. 5 which is the principal borrower and which has mortgaged its immovable property as security for the repayment of loan in favour of Responent No. 2 and 3.
(D) Issue any such other and further orders as this Hon'ble Court may deem fit and proper under the circumstances of the case.
(E) Award the cost of the writ petition throughout in favour of the petitioner."
As per the averments made in the Writ Petition, the respondent nos. 2 and 3 sanctioned loan in favour of the respondent no.5-Kalyan Gramodyog Sewa Sansthan which is a society registered under the Societies Registration Act.
The Society (respondent no.5) committed default in payment of the said loan. Consequently, recovery proceedings have been initiated against the petitioner. Citation dated 16.5.2011 has been issued in the name of the petitioner.
It is not disputed that the petitioner was holding post of Secretary in the respondent no.5-Kalyan Gramodyog Sewa Sansthan. However, the petitioner claims to have resigned from the post of Secretary on 1.1.2008.
The grievance of the petitioner is that the loan was taken by the respondent no.5-Kalyan Gramodyog Sewa Sansthan, and the petitioner was not a Guarantor for the said loan. The initiation of the recovery proceedings against the petitioner is, thus, vitiated.
For redressal of his grievance, the petitioner has made a Representation dated 17.5.2011 to the respondent no.3-Director Khadi and Village Industries Commission, Garh Road, Meerut. Copy of the Representation has been filed as Annexure 3 to the Writ Petition.
As per the averments made in paragraph 11 of the Writ Petition, no orders have so far been passed by the respondent no.3 on the said Representation made by the petitioner.
We have heard Shri U.K. Purwar, learned counsel for the petitioner, the learned Standing Counsel appearing for the respondent nos. 1 and 4 and Shri Rajiv Sharma, learned counsel for the respondent nos. 2 and 3.
Having regard to the facts and circumstances of the case as narrated above, and keeping in view the nature of controversy involved in the present Writ Petition, we are of the opinion that the interest of justice would be subserved, in case the respondent no.3 be directed to dispose of the Representation made by the petitioner within a specified period.
We accordingly dispose of the Writ Petition finally with the following directions:
(1) Within four weeks from today, the petitioner will submit an Application before the respondent no.3 alongwith a copy of his Representation dated 17.5.2011 (Annexure 3 to the Writ Petition) and a certified copy of this order.
(2) On receipt of the documents mentioned above, the respondent no.3 will decide the Representation of the petitioner by passing a reasoned and speaking order in accordance with law after giving reasonable opportunity of being heard to the petitioner expeditiously, preferably within a period of six weeks of the receipt of the said documents.
(3) Till 29th August, 2011 or till the disposal of the Representation by the respondent no.3, whichever is earlier, the proceedings pursuant to the Citation dated 16.5.2011 (Annexure 2 to the Writ Petition) will remain stayed.
(4) In the event of failure on the part of the petitioner in submitting the documents mentioned in Condition No. 1 above, within the specified period, this order will stand automatically vacated.
The Writ Petition stands disposed of accordingly with the aforesaid directions and observations.
This order will, however, not come in the way of the respondent nos. 2 and 3 in taking appropriate proceedings against the respondent no.5 for recovery of the loan in question in accordance with law.
It is further made clear that this Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 30.5.2011
Ajeet
