Allowed

Sachin Kumar v. State of U.P. and 3 Others

Allahabad HC5 Dec 2019WRIC/39107/2019

Case brief

AI extract

What is this about?

The court disposed of a second writ petition seeking a bank account statement. It held the petition was maintainable as it had no relation to the impugned recovery certificate previously challenged. The writ was allowed with directions to furnish the account statement.

What did the court decide?

Direction to respondent no.4 to furnish the statement of account of petitioner's account within two weeks.

Sachin Kumar Vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2019)

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Court No. - 4

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Case :- WRIT - C No. - 39107 of 2019

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Petitioner :- Sachin Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Ratan Bhushan Counsel for Respondent :- C.S.C.,Ashish Agrawal

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Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned Counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 2 and Sri Ashish Agrawal, learned Counsel for respondent no.4.

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This petition has been filed by the petitioner for the following relief:-

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"a) To issue a writ, order or direction in the nature of mandamus directing the respondent no.4 provide the statement of account to the petitioner of the petitioner's account no.384606110019287 in respect the demanding amount Rs.10,57,687/- after deduct the subsidy from the said amount."

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A preliminary objection has been raised by Sri Ashish Agrawal, learned Counsel for respondent no.4 regarding the maintainability of this writ petition on the ground that this is second writ petition. He has referred an order dated 5.12.2018 passed by another Co-ordinate Bench of this Court in Writ C No.39970 of 2018 filed by the petitioner challenging the recovery certificate dated 25.9.2018, which was disposed of with certain directions permitting the petitioner to deposit the due amount in four equal installments.

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In reply, learned Counsel for the petitioner submitted that in the present petition, he is not seeking any relief against the recovery certificate which was challenged by him in the earlier writ petition and limited prayer which has been made by the petitioner in this petition is that respondent no.4 may be directed to furnish the statement of account pertaining to petitioner's account no.384606110019287.

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Having heard learned Counsel for the parties, we dispose of this writ petition with a direction to the respondent no.4 to furnish the statement of amount of petitioner's account no.384606110019287 within a period of two weeks on the petitioner's application, which shall be made before him in this regard.

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The petitioner on his part shall file an application demonstrating statement of his account before respondent no.4 within a period of one week from today.

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Order Date :- 5.12.2019 S. Singh

Sachin Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sachin Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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