Allahabad High Court
M/S Nabeel Prints Bhandar And Another vs State Of U.P. And 2 Others on 25 September, 2019
Bench: Pankaj Mithal, Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 27030 of 2019 Petitioner :- M/S Nabeel Prints Bhandar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praneet Kumar Srivastava Counsel for Respondent :- C.S.C. And Case :- WRIT - C No. - 27042 of 2019 Petitioner :- M/S Ahmed Prints And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praneet Kumar Srivastava Counsel for Respondent :- C.S.C.,Avinash Jaiswal And Case :- WRIT - C No. - 27046 of 2019 Petitioner :- M/S Pilkhuwa Handlooms And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Praneet Kumar Srivastava Counsel for Respondent :- C.S.C.,Avinash Jaiswal And Case :- WRIT - C No. - 27055 of 2019 Petitioner :- M/S Madina Prints And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praneet Kumar Srivastava Counsel for Respondent :- C.S.C.,Avinash Jaiswal Hon'ble Pankaj Mithal,J.
Hon'ble Saral Srivastava,J.
Heard Sri Praneet Kumar Srivastava holding brief of Sri Santosh Singh, learned counsel for the petitioners, learned Standing counsel and Sri Avinash Jaiswal for the Corporation Bank.
In all the above writ petitions the challenge is to the recovery citations whereby Bank dues are sought to be recovered as arrears of land revenue.
The argument of learned counsel for the petitioners is that the aforesaid recoveries are in respect of commercial transactions and not in respect of any loan granted under any State Sponsored Scheme. Therefore, the amounts can not be recovered as arrears of land revenue. In support, he has placed reliance upon a Full Bench decision in the case Suresh Chandra Gupta and others Vs. Collector, Kanpur Nagar AIR 2005 Allahabad 320.
Learned counsel for the Bank was granted time to seek instructions in the matter if the amounts are recoverable as arrears of land revenue.
On instructions he submits that the amounts sought to be recovered can not actually be recovered as arrears of land revenue and that the matter is squarely covered by the aforesaid Full Bench.
In view of the aforesaid facts and circumstances, the impugned recovery citations each dated 22.7.2019 are hereby quashed and the writ petitions are allowed with liberty to the Bank to recover the amounts by means of any other mode which may be open in law.
The writ petitions are allowed.
Order Date :- 25.9.2019 SKS