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2025 DAILYLAW 60385 (ALL)

KRIPA SHANKAR PANDEY v. UNION OF INDIA AND 4 OTHERS

WRIC/15988/2025 · 2025-05-20

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85501 Court No. - 33 Case :- WRIT - C No. - 15988 of 2025 Petitioner :- Kripa Shankar Pandey Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Manisha Chaturvedi,Vivek Chaturvedi Counsel for Respondent :- A.S.G.I.,Habib Ahmad Hon'ble Prakash Padia,J. 1. Heard Ms. Manisha Chaturvedi, learned counsel for the petitioner and Mr. Habib Ahmad, learned counsel for the respondent/Indian Bank. 2. The order dated 18.06.2021 passed by the respondent No.4/Manager, Hargarh Branch Indian Bank Jangi Road, Mirzapur is under challenge. 3. After hearing counsel for the parties, following order was passed by this Court on 19.05.2025:- 1. Ms. Manisha Chaturvedi, learned counsel for the petitioner is permitted to correct the array of respondent no. 4 during the course of the day. 2. The petitioner has preferred the present petition to quash the impugned order dated 18.06.2021 passed by respondent no. 4. 3. It is argued by counsel for the petitioner that the aforesaid order is perse illegal since the same has been passed in violation of the judgment and order dated 01.02.2016 passed in Writ C No. 4038 of 2016 (Kripa Shankar Pandey Vs. The Chairman & Managing Director & 3 Others) as well as judgment and order dated 05.01.2017 passed in Writ C No. 217 of 2017 (Kripa Shankar Pandey Vs. The Chairman & Managing Director & 4 Others). 4. From the perusal of the aforesaid judgments it is clear that time and again directions were given by this Court to consider the claim of the petitioner but without considering the aforesaid aspect of the matter, the order impugned has been passed by the respondent no. 4, which is not only illegal but also contemptuous in nature. 5. Learned Counsel appearing on behalf of Bank-respondent prays for and is granted 48 hours' time to seek the instructions in the matter. 6. Put up this case as fresh on 21st May, 2025. 7. Matter will be taken up at 10:00 am sharp. 4. Today when the matter is taken up, Mr. Habib Ahmad, learned counsel for the respondent/Indian Bank placed before this Court a letter dated 20.05.2025 written by the Chief Manager Indian Bank, Hargarh Branch Indian Bank Jangi Road, Mirzapur and argued that the order dated 18.06.2021 passed by the respondent No.4 has been withdrawn. 5. Since the order impugned has been withdrawn, the Court is of the opinion that no cause of action would remain survive and the petition has become infructuous. 6. At this stage, a prayer has been made by learned cousnsel for the petitioner that since the petitioner is entitled for the benefit of Agricultural Debt Waiver and Debt Relief Scheme, 2008, the same should be provided to the petitioner as per direction given by this Court in Writ C No.217 of 2017 (Kripa Shankar Pandey Vs. The Chairman and Managing Director and others) decided on 05.01.2017 and prays that a direction be given to the respondent-Bank, in case, the respondent-Bank will pass fresh order, he will consider the aforesaid decision while passing the fresh order. 7. In response to the same, it is argued by learned counsel for the respondent-Bank that the respondent-Bank will pass fresh order in the light of the judgement passed in Writ C No.217 of 2017 (Kripa Shankar Pandey Vs. The Chairman and Managing Director and others) decided on 05.01.2017. 8. With the aforesaid observation, the writ petition is disposed of. 9. It is made clear that the till the time fresh decision will be taken by the respondent-Bank, no coercive action will be taken against the petitioner. Order Date :- 21.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad