Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13665 Court No. - 33 Case :- WRIT - C No. - 2571 of 2025 Petitioner :- Surendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Garvit Ramchandran,Manoj Kumar Singh,Ram Chandra Srivastava Counsel for Respondent :- Anadi Krishna Narayana,C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner, Sri Shashi Dhar Sahai,
learned counsel for respondent no. 2-Bank and learned Standing Counsel for the respondent-State.
2. The writ petition has been filed with the following prayers :-
"(I) Issue a writ order or direction in the nature of Certiorari quashing the effect and operation of the recovery proceedings in pursuance to the recovery certificate dated 02-12-2024 amounting Rs. 7,93,417 + interest. (II) Issue a writ order or direction in the nature of Mandamus commanding the Authority concerned specially the respondent no. 2 and 3, to drop the recovery proceedings against the petitioner."
3. Learned counsel for the petitioner submits that petitioner had never been advanced any loan by the respondent-Bank and the recovery proceedings are fraud proceedings. It is further submitted by learned counsel for the petitioner that the loan itself has not been disbursed to the petitioner and their exist no jurisdiction to recover the same.
4. In respect of fraud proceedings, the jurisdiction does not lie under Article 226 of the Constitution as the same amounts to the disputed question of fact. The writ petition is devoid of merits and is dismissed accordingly.
Order Date :- 27.1.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad