High CourtsSingle Bench(2021) 10 UK CK 0129

Jawahar Singh & Another vs District Magistrate, District Udham Singh Nagar & Others

Uttarakhand High Court · Decided on 25 October 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2224 Of 2021

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Judgment

5 paragraphs · 166 words

Manoj Kumar Tiwari, J

1.

By means of this writ petition, petitioners have challenged the recovery certificate issued by Bank of India, Branch Sitarganj, District Udham Singh Nagar.

2.

Since recovery citation has not been issued by the Tehsildar, pursuant to the said recovery certificate, therefore, the writ petition is premature.

3.

Learned counsel for the petitioners then submits that petitioners have not inherited any part of property of their father, however, the liability of re-payment of loan taken by their father has been fastened upon them. He further submits that petitioners are desirous of approaching the Branch Manager concerned, by making a representation, highlighting the aforesaid aspect of the matter, and the Branch Manager be directed to consider petitioners' representation.

4.

Accordingly, the writ petition is disposed of with liberty to petitioners to approach the Branch Manager concerned, by making a representation. If such representation is made, the Branch Manager shall consider the same, after hearing all the stakeholders, including other brothers of the petitioners.