SUKH DEV SINGH v. STATE OF U.P. THRU. PRIN. SECY. FINANCE LKO. AND 3 OTHERS
WRIC/5499/2025 · 2025-06-04
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144284 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144284 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34499 Court No. - 4 Case :- WRIT - C No. - 5499 of 2025 Petitioner :- Sukh Dev Singh Respondent :- State Of U.P. Thru. Prin. Secy. Finance Lko. And 3 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- C.S.C.,Ankit Srivastava Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent nos.1 and 2 has been accepted by the office of Chief Standing Counsel. Shri Ankit Srivastava, Advocate has accepted notice on behalf of respondent no.3. By means of the instant writ petition, the petitioner seeks following reliefs :-
"Issue a writ, order or direction in the nature of mandamus to the opposite party no.3 to keep abide with final settlement dated 6.5.2024 and "Certificate of Discharge (annexure No.3) as well as closed the account declaring
"Zero" balance by rectifying inaccuracy which showing
"false outstanding dues" after issuing "Discharge Certificate" in the petitioner's loan account i.e. Kishan Credit Card (KCC) Account No.37706480403. ii). Issue a writ order or direction in the nature of Mandamus commanding the opposite party no.3 to remove restrictions or "hold" from petitioner's saving account i.e. Account No.36740591673 and allow to petitioner to operate said saving account in normal course. iii). Issue a writ order or direction in the nature of Mandamus commanding the opposite party no.4 to decide the representation/ complaint dated 25.3.2025 and 22.5.2025 (Annexure No.1) within a stipulated time as well as redress the grievance of petitioner regarding violation of final settlement dated 6.5.2024 and "Certificate of Discharge" (Annexure No.3) by the bank and to closed the account declaring "Zero" balance by rectifying inaccuracy which showing "false outstanding dues" after issuing
"Discharge Certificate" in the petitioner's loan account i.e. Kishan Credit Card (KCC) Account No.37706480403." The case of the petitioner is that he had taken loan from the Bank, however the said outstanding amount was deposited on 6.5.2024. It is urged that thereafter a discharge certificate was issued
on the same day and as per the statement issued by the Bank, the loan account indicated zero.
Shri Ankit Srivastava, learned counsel for the respondent Bank on the basis of the written instructions as provided to the to the court for perusal and the same is taken on record wherein it has been indicated that the alleged outstanding sum of Rs.1,35,000/- which is said to have been paid by the petitioner, has not been deposited with the Bank. It has also been stated that the alleged discharge certificate, a copy of which has been brought on record as Annexure No.3, has also not been issued by the Bank. A specific query was put to learned counsel for the petitioner as to whether he has the receipt for deposit of the amount as stated by him, to which he submits that the petitioner does not have any receipt and since a certificate of discharge was issued on 6.5.2024 that itself indicates that the amount has been paid. Considering the respective contentions of the parties' counsels, apparently there is a disputed question of fact which is involved inasmuch as regarding the deposit as claimed by the petitioner specially when there is no receipt accompanying the said deposit available with the petitioner as well as the fact that the said discharge certificate has been disputed by the Bank as not having been issued. In the aforesaid circumstances, this Court does not find that this is an appropriate case in which the court should exercise its jurisdiction under Article 226 of the Constitution of India. Accordingly, refraining to make any observation, the petition is dismissed leaving it open to the petitioner to take recourse as may be available to him under law. Order Date :- 4.6.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench