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Allahabad High Court · body

2002 DIGILAW 420 (ALL)

Ram Kripal v. Collector, Banda

2002-03-19

MARKANDEY KATJU, RAKESH TIWARI

body2002
JUDGMENT M. Katju and Rakesh Tiwari, JJ.—The petitioner took a loan from respondent No. 2, Khadi Evam Gramodyog Board for running carpentary business and did not repay the same, hence the impugned recovery has been issued. The petitioner has prayed for fixing easy instalments. We have held in several decisions that the High Court cannot fix instalments under Article 226 of the Constitution of India. The High Court can only interfere in the matter where there is error of law apparent on the face of the record. Fixing of instalments is re-scheduling the impugned recovery and that cannot be done by the High Court. The petitioner may approach the respondent No. 2 for this purpose. 2. The writ petition is dismissed accordingly.