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2002 DIGILAW 1710 (ALL)

PRATIBHA SINGH v. COLLECTOR

2002-11-18

G.K.GUPTA, M.KATJU

body2002
M. KATJU, G. K. GUPTA, JJ. ( 1 ) THE petitioner has challenged the impugned recovery, Annexure-1 to the writ petition. ( 2 ) THE recovery is for a sum of Rs. 8,30,269. 00 which is said to have been against the cash credit granted by Oriental Bank of Commerce, Branch Amethi, Sultanpur. ( 3 ) THE learned counsel for the petitioner has relied upon a decision of this Court in Sharda Devi v. State of V. P. and Ors. , (2001) 3 UPLBEC 1941 and has urged that the recovery cannot be made as an arrears of land revenue. ( 4 ) WE have carefully perused the aforesaid decision and find that it is distinguishable. It is to be noted that writ jurisdiction is discretionary jurisdiction vide Burn Standard Co. Ltd. v. D. Majumdar, AIR 1995 SC 1499 and M. P. Mittal v. State of Haryana, AIR 1984 SC 1888 (Para 5), etc. This means that the petitioner in a writ petition must not only show violation of law but must also show that equity is in his favour, vide Varanasi Motors v. C. I. T. , 2000 (39) ALR 619. If only law is violated but equity is not in the petitioners favour, a writ will not be issued. In a large number of cases before us, it has been urged that the recovery as arrears of land revenue is not valid. In reality, this argument means that for the recovery, the Bank should file a civil suit which takes years and years to decide in this country and thus the recovery will be held up indefinitely. These are only dilatory tactics to avoid payment. Banks and financial institutions have now come to the verge of closure because the loan amounts of tens of thousand of crores are not being recovered and they ultimately become bad loans. Often Courts stay such recoveries on technical grounds in writ jurisdiction, without bearing in mind that writ is a discretionary jurisdiction. With respect to such orders, we are constrained to observe that this practice needs to be reconsidered. It may be mentioned that unless the amount which has been given as loan is repaid, the Bank or Financial institution cannot advance further amounts to new industries. The money of the Bank should be kept in circulation, otherwise the Bank and the depositors will suffer. It may be mentioned that unless the amount which has been given as loan is repaid, the Bank or Financial institution cannot advance further amounts to new industries. The money of the Bank should be kept in circulation, otherwise the Bank and the depositors will suffer. ( 5 ) IN the present case even assuming that the recovery could not be made as arrears of land revenue, we are of the opinion that there is no equity in favour of the petitioner since she has admittedly availed of the cash credit facility. Hence, we are not inclined to exercise our discretion under Article 226 of the Constitution of India in this kind of case. ( 6 ) WRIT petition is dismissed. .