High Court of Judicature at Allahabad
Case Law Search
Alla Mahar v. State Of U.P. Thru' Secy. Finance & Revenue And Others - WRIT - C No. 45571 of 2005  RD-AH 1490 (15 June 2005)
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)
Double Click on any word for its dictionary meaning or to get reference material on it.