Dismissed

Ramesh Singh Yadav v. State of U.P. and 3 Others

Allahabad HC10 Nov 2022WRIC/3008/2022

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What is this about?

The High Court dismissed a writ petition challenging a recovery citation issued under State-specific loan recovery acts. The court held that challenges based on the applicability of State Acts or ongoing SARFAESI proceedings lack merit in State Sponsored Schemes. The petition was dismissed as devoid of merit.

What did the court decide?

Writ petition dismissed. Order itself barred recovery citation application due to lack of merit.

Ramesh Singh Yadav Vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2022)

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Court No. - 39

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Case :- WRIT - C No. - 3008 of 2022

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Petitioner :- Ramesh Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramendra Pal Singh,Veerendra Kumar Shukla Counsel for Respondent :- C.S.C.,Ashish Agrawal,Pranjal Mehrotra

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vipin Chandra Dixit,J.

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Sri Pranjal Mehrotra learned Advocate has put in appearance on behalf of respondent.

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This matter is being listed as fresh since February, 2022.

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A counter affidavit has been filed with the categorical statement that the loan sanctioned to the petitioner was under a State Sponsored Scheme namely "Kamdhenu Dairy Rin Yojana" and as such the recovery initiated under the U.P. Public Moneys (Recovery of Dues) Act, 1972 cannot be disputed.

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Time was taken to the learned counsel for the petitioner to file rejoinder affidavit.

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Sri Pranjal Mehrotra learned counsel for the respondent-bank states that no rejoinder affidavit has been received by him.

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No one has put in appearance on behalf of the petitioner to press the present writ petition.

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Taking note of the facts stated in the counter affidavit, we find that the challenge to the recovery citation on the plea of applicability of the U.P. Public Moneys (Recovery of Dues) Act, 1972/the U.P. Agricultural Credit Act, 1973 cannot be sustained.

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The further contention in the writ petition that the bank has already initiated the SARFAESI proceedings and hence the recovery citation cannot be issued is also found devoid of merits taking note of the decision of this Court in M/s Alka Ice and Cold Storage Pvt. Ltd. vs. State of U.P. reported in (2012) 7 ADJ 520 . The issue with regard to the recovery under the U.P. Public Moneys (Recovery of Dues) Act, 1972 in a State Sponsored Scheme has been settled by the Division Bench of this Court in Sanjay Gupta vs. State of U.P. reported in 2011

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(8) ADJ 647.

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In view of the above legal position, we do not find any merit in the writ petition, the same is, accordingly, dismissed .

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Order Date :- 10.11.2022 Brijesh

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Digitally signed by BRIJESH KUMAR Date: 2022.11.14 11:44:07 IST Reason: Location: High Court of Judicature at Allahabad

Ramesh Singh Yadav v. State of U.P. and 3 Others

Case brief

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Ramesh Singh Yadav v. State of U.P. and 3 Others

Case brief

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