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2011 DIGILAW 1334 (ALL)

Yogendra Pratap Singh v. State Of U. P.

2011-05-25

RAJESH CHANDRA, SATYA POOT MEHROTRA

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JUDGMENT Civil Misc. Correction Application No. Nil of 2011 The aforesaid application has been filed on behalf of the petitioner, inter-alia, praying that the petitioner be permitted to correct the name of the Respondent No.2 by substituting the name of "Union Bank of India" by " Bank of India". The application is supported by an affidavit. 2. Having regard to the aforesaid averment of the application accompanying with the affidavit, we are satisfied that the prayer made in the aforesaid Application deserves to be granted. 3. The aforesaid Application is accordingly allowed. 4. Let necessary corrections be made in the Writ Petition as well as in the Stay Application during the course of the day. 5. The petitioner took Cash Credit Facility from the Respondent No.2 Bank of India for business purpose. Recovery proceedings purporting to be under the U.P. Public Moneys (Recovery of Dues) Act, 1972 were initiated against the petitioner. A Recovery Certificate was sent by the Respondent No.2 to the Collector, Kannauj, whereupon a Citation dated 26.3.2011 ( Annexure 2 to the Writ Petition) was issued to the petitioner by the Tehsildar, Tehsil Tirwaganj, District Kannauj (Respondent No.3). 6. The petitioner has filed the present Writ Petition, inter-alia, praying for quashing the said Citation dated 26.3.2011. The ground taken by the petitioner is that the amount stated to be outstanding against the petitioner is in respect of the Cash Credit Facility which is not under any State Sponsored Scheme, and therefore, the Respondent No.2 is not entitled to take recourse to the provisions of the aforesaid U.P. Public Moneys (Recovery of Dues) Act, 1972. 7. Sri Siddharth, learned counsel for the Respondent No.2, has obtained instructions in the matter. On the basis of instructions received, Shri Siddharth, states that the Recovery Certificate dated 17.3.2011 pursuant to which the aforesaid Citation dated 26.3.2011 was issued, has been withdrawn by the Respondent No.2- Bank of India by sending a communication dated 12.5.2011 to the Collector, Kannauj. 8. As the Recovery Certificate issued by the Respondent No.2 to the Collector, Kannauj has already been withdrawn, there will be no occasion for the Respondent No.3 (Tehsildar) Tehsil Tirwaganj, District Kannauj to press the Citation dated 26.3.2011 (Annexure 2 to the Writ Petition). 9. In view of the above, no cause of action survives to the petitioner and no further orders are required to be passed in the Writ Petition. 10. 9. In view of the above, no cause of action survives to the petitioner and no further orders are required to be passed in the Writ Petition. 10. The Writ Petition stands disposed of accordingly. 11. It is made clear that the petitioner will not be responsible to pay any collection charges in respect of the aforesaid recovery.