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MITHLESH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Mithlesh v. State Of U.P. And Others - WRIT - C No. 9467 of 2006 [2006] RD-AH 3696 (16 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed raising the grievance against the respondent no. 4, alleging that he had put the petitioner's land in mortgage with respondent nos. 2 and 3. Therefore, the respondent nos. 2 and 3 should be restrained from issuing any Kisan Credit Care to the respondent no.4.

A preliminary objection has been raised by Shri Vipin Sinha, learned Counsel appearing for the Bank contending that in respect of the same subject matter between the same parties, a suit is pending and, therefore, petitioner cannot use all the forums available to him on earth for a relief of his choice.

In view of the preliminary objection raised by Shri Sinha, we are not inclined to interfere in the matter. Petition is accordingly dismissed with liberty to the petitioner to make amendment in the plaint and seek reliefs before the said Court.

16.02.2006

AHA


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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