High Court of Judicature at Allahabad
Case Law Search
Ram Sanehi Chauhan v. Collector Azamgarh & Others - WRIT - C No. 14505 of 2000  RD-AH 5449 (9 November 2005)
Hon'ble Yatindra Singh,J
This is a writ petition against the recovery issued by the respondent no.3 to recover the amount from the petitioner as arrears of land revenue.
We have heard the counsel for the petitioner, Mr. C. P. Misra and the Standing Counsel for the respondents.
The petitioner has made a mention in the writ petition that this recovery relates to cash credit facility and there is no agreement between the parties that it can be recovered as arrears of land revenue .In view of Full Bench decision in Sharda Devi (Smt.) Vs. State of U.P. and others : (2001)3 UPLBEC 194 such a recovery can not be made as arrears of land revenue.
In view of aforesaid decision , the writ petition is allowed . The impugned recovery certificate dated 13.9.1999 is hereby quashed. However, it is made clear that in case any amount has been deposited in pursuance of the this recovery, it will not be returned to the Bank but will be adjusted in the amount due against the petitioner. It will also be open to the Bank to pursue their remedy by executing their decree or taking proceedings before the Debt Recovery Tribunal or under the Securitisation and Reconstruction of Financial Assets And Enforcement of Security Interest Act .
Double Click on any word for its dictionary meaning or to get reference material on it.