Kisan Poultry Farm Office At Saharanpur Thru. Prop. Matloob v. Union of India Ministry Of Finance
2014-09-25
D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
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JUDGMENT Devendra Kumar Upadhyaya, J. In a petition filed by the borrower to whom credit facilities were extended by the Punjab National Bank, three reliefs have been sought, which are as follows: - "i. to issue appropriate writ, order or direction and pass an order for investigation of the matter by the CBI or any other independent agency. ii. to issue appropriate writ, order or direction in the nature of Certiorari, quashing the Recovery Certificate dated 16.08.2014. (contained as Annexure No.4 to this Petition). iii. to issue a writ, order or direction in the nature of Mandamus commanding the Respondent Bank to keep the recovery proceeding in abeyance till the conclusion/completion of the investigation." 2. The Tehsildar, Saharanpur, has issued a recovery citation on 16 August, 2014 (Annexure 4). Insofar as the first relief is concerned, in paragraph 12 of the writ petition, it has been averred that an application under Section 156(3) of the Code of Criminal Procedure, 1973 has been filed before the Chief Judicial Magistrate, which is pending. No disclosure has been made of the date on which the application was filed nor has it been annexed to these proceedings. 3. Be that as it may, since the petitioner has taken recourse to the statutory remedy available under Section 156(3) of the Code of Criminal Procedure, 1973, there is no warrant or justification for this Court to direct an investigation by the CBI, at this stage. 4. Insofar as prayer nos.(ii) and (iii) are concerned, the recovery citation has been issued by the Tehsildar, Saharanpur. The Tehsildar is not impleaded as a party to these proceedings. Moreover, the jurisdiction to entertain and decide a petition in respect of a cause of action which has arisen at Saharanpur would lie before this Court at Allahabad. Hence, we leave it open to the petitioner to institute appropriate proceedings after impleading necessary parties as the petitioner may be advised at Allahabad, insofar as the recovery citation is concerned. 5. At this stage and for these reasons, we are not inclined to entertain the proceedings subject to the liberty which has been granted to the petitioner in respect of prayer clauses (ii) and (iii). The writ petition is, accordingly, disposed of. There shall be no order as to costs.