Court No. - 36 Case :- WRIT - C No. - 46321 of 2010 Petitioner :- Ravi Bhushan Singh And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Shashi Dhar Sahai Respondent Counsel :- C. S. C.,A. Sahai Hon'ble R.K. Agrawal,J.
Hon’ble Rajesh Chandra,J.
The educational loan advanced by the Dena Bank, Mahmoorganj
Branch, Varanasi, is sought to be recovered through coercive process
as arrears of land revenue. The loan has not been sanctioned and
disbursed under any State sponsored scheme.
Let the Branch Manager, Dena Bank, Mahmoorganj Branch, Varanasi,
appear personally and explain as to how the State machinery is being
misused for recovering a loan which is not covered under the
provisions of U.P. Public Moneys (Recovery of Dues) Act, 1972. The
District Magistrate, Varanasi, shall also appear personally before the
Court and explain as to under what circumstances the loans which are
not covered under the U.P. Public Moneys (Recovery of Dues) Act, are
being recovered by coercive process. Both the persons shall appear
personally before the Court on 30th August 2010.
Office is directed to send notices to both these persons intimating the
date of personal appearance.
The learned counsel has relied upon a decision of the Supreme Court
in the case of Iqbal Naseer Usmani Versus Central Bank of India,
(2006) 2 SCC 241, wherein, it has been held that advances which are
not covered under the U.P. Public Moneys (Recovery of Dues) Act,
1972 can not be recovered by coercive process.
List on 30th August 2010.
In the meantime, the recovery proceedings pursuant to the citation
dated 4.7.2010 filed as Annexure 1 to the writ petition shall remain
stayed.
Order Date :- 9.8.2010
AM/-