Allahabad High Court
M/S Amar Enterprises Thru. Proprietor ... vs State Of U.P. Thru. Prin. Secy. Revenue ... on 11 August, 2025
Bench: Sangeeta Chandra, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:46720-DB Court No. - 2 Case :- WRIT - C No. - 7520 of 2025 Petitioner :- M/S Amar Enterprises Thru. Proprietor Amar Kumar Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 3 Others Counsel for Petitioner :- Shiv Kumar,Rohit Kumar Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel, who appears on behalf of the State respondents as well as Shri Prashant Kumar Srivastava, learned counsel appearing for the respondent no. 4.
This petition has been filed with following main reliefs:-
" Issue a writ order or direction in the nature of certiorari for quashing the impugned recovery citation dated 01.07.2025 issued by the opposite party no.3 showing total recoverable amounting to Rs. 09,99,976/- due against the petitioner, contained as Annexure No. 1 to this writ petition, in the interest of justice.
(ii) Issue a writ order or direction in the nature of mandamus commanding and directing the opposite parties not to take any coercive measures against the petitioner in pursuance of the recovery citation dated 01.07.2025 during pendency of the present writ petition, in the interest of justice."
It has been stated by learned counsel for the petitioner that the petitioner being jobless has applied for a commercial loan for starting a Namkeen manufacturing unit/shop. The loan of Rs. 7 lakh was sanctioned to the petitioner on 07.10.2020. The petitioner, however, suffered loss on start of business. A fire occurred in his unit. Information in this regard was also submitted to the Police Station Mohanganj, District Amethi on 04.11.2020. The petitioner's factory was insured with the Tata AIG General Insurance Company Limited but the insurance company did not pay the compensation to the petitioner till date. The petitioner could not deposit the E.M.I.s in time. The Bank has started recovery proceedings.
It has further been submitted that the recovery certificate has been issued by the Bank to the Collector, Amethi for recovering an amount of Rs. 9,99,976/- as arrears of the land. Said recovery certificate could not have been issued in view of the observations made by this Court in the case of M/s Apex Creations Carpet Division, through its proprietor Vs. State of U.P. and others (Writ Petition No. 8130 of 2006), decided on 28.02.2006 and also in the case of Dr. Anil Kumar Srirvastava Vs. State of U.P. and others (Writ C No. 31510 of 2012), decided on 05.07.2012 placing reliance upon the Full Bench judgment in the case of Sharda Devi Vs. State of U.P. and others (2001) UPLBEC (3) 1941.
Since the learned counsel for the Bank says that despite calling for instructions, no instructions have been received by him, we stay the enforcement of recovery certificate and recovery citation issued thereafter, as impugned in the writ petition in view of the law settled by Full Bench of this Court in the case of Sharda Devi (supra) till the next date of listing.
List this case on 28.08.2025. By the said date, the counter affidavit be filed.
Order Date :- 11.8.2025 Ashish