Court No. - 27 Case :- MISC. BENCH No. - 4409 of 2005 Petitioner :- Abdul Kayum Respondent :- Punjab National Bank Thru Branch Manager,Hardoi & 2 Others Petitioner Counsel :- N.N.Jaiswal Respondent Counsel :- C.S.C.,Sharad Bhatnagar Hon'ble Devi Prasad Singh,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner. Learned Standing Counsel appears
for the opposite parties 2 and 3. None responds for the opposite party No.1
even after the list being revised.
On account of default in payment of dues with regard to cash credit limit with
the respondent-bank, recovery proceedings have been initiated against the
petitioner.
Solitary argument advanced by the petitioner’s counsel is that the amount
cannot be recovered as arrears of land revenue in view of law settled by a Full
Bench of this Court in a case reported in 2001 Vol3. U.P.L.B.E.C. 1941
Sharda Devi(Smt.) versus state of U.P. and others. Further submission of the
petitioner’s counsel is that being commercial loan, it cannot be recovered as
arrears of land revenue. The controversy has already been settled by the Full
Bench of this Court in the case of Sharda Devi (supra).
In view of above, the writ petition is finally disposed of permitting the
petitioner to represent his cause before the competent authority within a
period of one month from today. In case such representation is submitted
along with a copy of the Full Bench judgment (supra), the competent
authority shall consider and decide the controversy by passing a speaking and
reasoned order expeditiously and preferably within a period of three months
from the date of receipt of representation along with a certified copy of this
order and communicate the decision to the petitioner. For the period of three
months or till disposal of the representation, whichever is earlier, the status
quo, as it exists today, shall be maintained.
Subject to above, the writ petition is finally disposed of. No order as to costs.
Order Date :- 16.7.2010
kkb/