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Kanhaiya Lal v. State Of U.P. & Others - WRIT - C No. - 40240 of 2007 [2007] RD-AH 14508 (27 August 2007)

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).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and Sri R. B. Sahai appearing for the Bank and the learned standing counsel.

By this writ petition the petitioner has prayed for mandamus directing the respondent no. 2 to correct the ownership and delete the name of Sheo Ram from the co-sharer. Learned counsel for the petitioner submits that the petitioner was sanctioned loan of Rs. 2,99,000/- but only 50,000/-was shown in his Pass Book and his land was also mortgaged. Further, he was given two cylinders H.M.T. Tractor while three cylinders vehicle was required to be given. It is further case of the petitioner that he has paid Rs.4,00,000/- whereas the tractor of Rs.2,25000/- was given. It is further contended that the name of one Sheo Ram was noted as co-share in the papers whereas he was guarantor. The issues raised in the writ petition are factual which requires evidence and adjudication of the disputed questions of fact which cannot be gone into in this writ petition. The proper and appropriate remedy of the petitioner is to file suit and pray appropriate relief. Learned counsel for the petitioner prays that the petitioner be protected from the recovery till the suit is filed. This prayer cannot be accepted. It is open for the petitioner to file an application for temporary injunction, if any, such suit is filed.

With the above observations the writ petition is dismissed.




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