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ALLA MAHAR versus STATE OF U.P. THRU' SECY. FINANCE & REVENUE AND OTHERS

High Court of Judicature at Allahabad

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Alla Mahar v. State Of U.P. Thru' Secy. Finance & Revenue And Others - WRIT - C No. 45571 of 2005 [2005] RD-AH 1490 (15 June 2005)

 

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 Vikram Nath J

Heard Sri R.K.Tewari,, learned counsel for the petitioner and Sri V.P.Singh, Advocate, holding brief of Sri Tarun Verma, learned counsel for the respondent Bank and the learned Standing Counsel. All the respondents prays for and is allowed 4 weeks' time to file counter affidavit, petitioner will have two weeks' thereafter to file rejoinder affidavit.

List this petition in the week commencing 08.08.2005.

It is contended by learned counsel for the petitioner that Martey Khan had taken loan from the bank in the year 2001. Maratey Khan died on 02.03.2002 and death certificate issued by Gram Pradhan has been filed as Annexure 1 to the writ petition. Recovery certificate has been issued against the father of the petitioner and the respondents have not taken any steps against the heirs of the deceased Martey Khan. In support of the said contention, a copy of the order-dated 07.03.2005 passed by this Court in Writ Petition No. 14063 of 2005 has been filed as Annexure 4 to the writ petition.

Considering the facts and circumstances of the case it is provided that until further orders operation of the recovery proceedings against the petitioner shall remain stayed. The tractor of the petitioner which is alleged to have been attached shall be released forthwith.

15.06.05 cmwp. 45571/05

vk updh. (11)


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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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