Court No. - 21 Case :- WRIT - C No. - 43928 of 2010 Petitioner :- Mahendra Singh Respondent :- State Of U.P. & Ors. Petitioner Counsel :- M.P. Singh Respondent Counsel :- C.S.C.,Amit Manohar Hon'ble V.K. Shukla,J.
Earlier Civil Misc. Writ Petition No. 33615 of 2010 had been
filed and this court on 4.6.2010 passed order for considering
the claim of petitioner in respect of entitlement of benefit
under Debt Waiver Relief Scheme, 2008. Thereafter, claim
of petitioner has been considered, and order has been
passed on 18.6.2010. At this juncture present writ petition
has been filed.
Sri. M.P. Singh, Advocate, learned counsel for the petitioner
tried to contend that wrong presumption has been drawn
that petitioner has 5.89 hectare of land, whereas petitioner
has 1/4th share of the said land and as such relief ought to
have been extended.
Countering the said submission, learned counsel for the
respondent-Bank on the other hand contended that loan in
question had been taken, and full details of the property in
question has been given, and whatsoever representation
has been made at the point of time when the loan has been
taken, based on the same, decision has been taken, as such
writ petition deserves to be dismissed.
After respective arguments have been advanced,
undisputed factual position, which is emerging in the present
case is that petitioner claims that he had only 1/4 th share in
the total land and as such benefit ought to have been
extended. Claim in question has been considered in clear
and categorical terms that in the application form clear cut
mention has been made at the point of time of taking loan,
the petitioner has 5.89 acree of land and same only would
be taken into account as per the explanation at page 31 of
paper book. In such a situation and in this background,
same will not change the situation, as such this court refuses
to interfere with the same.
Consequently, present writ petition is dismissed.
Order Date :- 29.7.2010
T.S.