Lakhan Singh vs State Bank of India and another

R.A. Sharma, J.—Heard Sri S. U. Khan, learned counsel for the appellant and Sri Jain Banerji holding the brief of Sri S. N. Verma, learned counsel for the respondents.

The appellant here filed a writ petition challenging" the recovery of Rs. 6,000/- and odd at the instance of the State Bank of India. This writ petition has been dismissed by the learned single Judge by the following order:

"The petitioner has challenged the recovery of a very petty amount of Rs. 6,000/- and odd. It is not a fit case for interference. The writ petition is accordingly dismissed.".

From the order reproduced above, it is apparent that the writ petition was dismissed merely on the ground that the amount which is sought to be recovered from the petitioner is very petty amount of Rs. 6000/- and odd. The quantum of the amount is not relevant and it was not an issue on which the writ petition could have been dismissed. For a poor man petty amount may be too much to pay. For a rich man even lacs may not matter. The petitioner was as such entitled to get his writ petition decided on merits in accordance with law.

This appeal is accordingly allowed with costs. The order of the learned single Judge is set aside. The case is remanded to the learned single Judge for deciding the writ petition in accordance with law expeditiously.

Appeal allowed.