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2025 DAILYLAW 26279 (ALL)

SHIV PRASAD v. STATE OF U.P. AND 5 OTHERS

WRIC/6703/2025 · 2025-03-05

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32130-DB Court No. - 39 Case :- WRIT - C No. - 6703 of 2025 Petitioner :- Shiv Prasad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Devendra Kumar Mishra Counsel for Respondent :- C.S.C.,Vivek Kumar Rai Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the parties. 2. Present writ petition has been filed seeking to quash the impugned recovery citation dated 18.10.2024 issued by respondent no.3, Tehsildar, Sirathu, District Kaushambi. 3. Learned counsel for the petitioner states that when the bank- respondent no.6 was recovering the property under Rule 29 of the Uttar Pradesh Sahkari Gram Vikas Banks Rules, 1971, and a date for auction had also been fixed is 08.04.2025 then recovery as arrears of land revenue could not be done. Learned counsel for the petitioner states that if any recovery certificate had been issued to the Collector for recovering the amount as arrears of land revenue be withdrawn by the bank. 4. However, since in the instant writ petition we find that a date is fixed for auction, we refrain from interfering in the instant case. 5. The writ petition is accordingly dismissed. Order Date :- 6.3.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad