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2025 DAILYLAW 153835 (ALL)

ATUL PRATAP SINGH v. COLLECTOR / DISTT. MAGISTRATE DISTT. AMETHI AND 3 OTHERS

WRIC/7114/2025 · 2025-07-30

Jaspreet Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44184-DB Court No. - 2 Case :- WRIT - C No. - 7114 of 2025 Petitioner :- Atul Pratap Singh Respondent :- Collector / Distt. Magistrate Distt. Amethi And 3 Others Counsel for Petitioner :- Birendra Narain Shukla,Prabhaw Kumar Tripathi Counsel for Respondent :- C.S.C.,Sudheer Tripathi Hon'ble Rajan Roy,J. Hon'ble Jaspreet Singh,J. 1. On being asked as to under which provision of law the recovery certificate was issued by the respondent No.4- Bank for recovery of the loan which in fact was granted to the petitioner for purchasing a motorcycle, meaning thereby, it was not as if the loan was advanced under some State-sponsored scheme or under an agreement containing a clause that on default it could be recovered as arrears of land revenue, Sri Sudheer Tripathi, learned counsel for the respondent No.4 says that the recovery certificate was issued under the U.P. Agricultural Credit Act, 1973. 2. We asked him to kindly demonstrate as to how such a loan was covered under the said Act. He fairly submitted that it was not. 3. We asked him as to whether he would will to file a counter affidavit, he stated that the impugned citation of recovery issued by the relevant authorities in pursuance of the recovery certificate issued by respondent No.4 be quashed with liberty to the Bank to proceed against the petitioner afresh in accordance with law. 4. In view of the aforesaid, we quash the entire recovery proceedings initiated on the basis of recovery certificate issued by the respondent No.4 under the aforesaid Act, including the attachment and the citation of recovery impugned herein. However, with liberty to the Bank to proceed against the petitioner, if there is cause, but in accordance with law. 5. The writ petition is allowed accordingly. (Jaspreet Singh, J.) (Rajan Roy, J.) Order Date :- 30.7.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench