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2025 DAILYLAW 18885 (ALL)

KANHAIYA LAL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/5612/2025 · 2025-03-04

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31799-DB Court No. - 29 Case :- WRIT - C No. - 5612 of 2025 Petitioner :- Kanhaiya Lal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devdeep Malviya,Ram Lakhan Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. It appears that recovery proceedings have been initiated against Tulsiram son of Banarsi Lal, who happens to be the father of first petitioner. Both petitioners are minor It is stated that the property in question has been bequeath upon him by his grandfather. It is urged that for some unknown dues of his father, the property of the petitioner cannot be attached or sold. Learned State Counsel submits that objection of the petitioner in that regard can always be examined by the concerned revenue authorities at the first instance. In the event the petitioner claims that the property belongs to the petitioner and the authorities cannot proceed coercively to recover the dues of petitioner's father, particularly when the petitioner is minor, the issues in that regard can always be accorded consideration by the third respondent before proceeding any further. Whether the property of the petitioner can be attached or sold for the dues of the petitioner's father is an aspect which would be specifically accorded consideration by the Tehsildar. We, accordingly, dispose of this petition with a direction that objection of the petitioner, filed against recovery certificate, would be dealt with by the concerned Tehsildar by passing appropriate order before proceedings any further. Order Date :- 5.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad