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2025 DAILYLAW 116566 (ALL)

M/S SETH KANDHAI LAL SARRAF THRU. ITS PROPRIETOR REETESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE AND 3 OTHERS

WRIC/331/2025 · 2025-01-17

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3649-DB Court No. - 2 Case :- WRIT - C No. - 331 of 2025 Petitioner :- M/S Seth Kandhai Lal Sarraf Thru. Its Proprietor Reetesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue And 3 Others Counsel for Petitioner :- Shiv Kumar,Rohit Kumar Counsel for Respondent :- C.S.C.,Sharad Tewari Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Heard. A commercial loan was taken by the petitioner from the opposite party Bank which is represented by Shri Sharad Tewari, learned Counsel. For recovery of the due amount as arrears of land revenue, a recovery certificate was issued in pursuance to which the citation of recovery has been issued. The contention is that this amount cannot be recovered as arrears of land revenue. On being confronted, Shri Sharad Tewari, learned Counsel for the Bank fairly submitted that he has oral instructions from the Bank that they will withdraw the recovery certificate. However, we are of the view that in view of the admitted position, we would not leave the petitioner to the mercy of the opposite parties, rather we will quash the impugned action ourselves. We accordingly quash the citation of recovery, as also, the recovery certificate which may have been issued by the Bank, but we leave it open for the Bank to initiate proceedings against the petitioner, if required, as per law. In view of this order, the revenue authorities shall no longer take any steps for recovery of the due amount as arrears of land revenue from the petitioner in pursuance to the impugned citation. As regards, the closure of savings account of the petitioner, the petitioner may move an application before the Bank who may look into the matter, as to the permissibility of the said act and whether the account is required to be made operative. The writ petition is accordingly disposed of. Order Date :- 17.1.2025 Lokesh Kumar [Brij Raj Singh, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench