LAL SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Lal Singh v. State Of U.P. & Others - WRIT - C No. 77346 of 2005 [2006] RD-AH 21202 (15 December 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

WP No. 77346 of 2005

Hon'ble Yatindra Singh, J

Hon'ble RK Rastogi, J

1. This writ petition was filed against the recovery and was disposed of on 20.12.2005 granting liberty to the petitioner  to pay the entire amount within fourteen instalments. The petitioner has filed an application to recall this order and other application for vacation of this order.

2. We have heard counsel for the petitioner and the standing counsel for the respondents. In the affidavit in support of the recall application, it is stated that the petitioner  never took the loan. In view of this order dated 20.12.2005 is recalled. With the consent of the parties, the writ petition is heard on merit.

3. This writ petition is against the recovery. The petitioner is disputing the loan as well as the recovery. The petitioner may, if he is so advised, file a suit.

4. The order dated 20.12.2005 has been  recalled and stay vacation application has been infructuous.  It is dismissed.

6. With these observations the writ petition is dismissed.

Date: 15.12.2006

BBL

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