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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35792 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Ravi Kant learned counsel for the petitioner, Sri Ashok Kumar Lal learned counsel for respondent No. 3 and Sri Mukul Tripathi learned Standing Counsel for the State respondents.
2. Present petition has been filed for the following relief:
"Issue a writ, order or direction in the nature of certiorari quashing the Recovery Certificate No. 715 dated 23.06.2022 for an amount of Rs. 1,26,726/- issued pursuant to notice under Section 95-A (1) of the Uttar Pradesh Cooperative Societies Act, 1965 (Annexure No. I to this writ petition)."
3. Submission is, petitioner is neither the borrower nor the member of the Cooperative Society/respondent No.3. Therefore, the outstanding of loan obtained by his father Heera Lal (since deceased) cannot be recovered from his personal assets.
4. Upon written instructions obtained, learned counsel for respondent No. 3 states that the factum of death of Heera Lal was not known to the Society. Therefore, the Recovery Certificate came to be issued by the Society on the assumption that the borrower who was the member of the cooperative society, is alive.
5. In view of the fact that it is now known to the society that Heera Lal died on 14.05.2020, the society does not wish to press the recovery in its current form and status. Accordingly, the society prays to withdraw the Versus Counsel for Petitioner(s) : Ravi Kant Counsel for Respondent(s) : Ashok Kumar Lal, C.S.C. Hakim Singh .....Petitioner(s) The State Of Up And 3 Others .....Respondent(s)
impugned Recovery Certificate with liberty to pursue its remedies with respect to the outstanding loan of Heera Lal, in accordance with law.
6. In view of such statement made, nothing survives for adjudication in this writ petition. Accordingly, the Recovery Certificate issued against Heera Lal is set aside. Liberty is granted to respondent No. 3 to pursue its recovery for the credit advanced to the deceased Heera Lal, strictly in accordance with law.
7. With the above observations, present writ petition is disposed of. October 28, 2025 Faraz WRIC No. 35792 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad