LAWS(ALL)-2002-3-32

RAM KRIPAL Vs. COLLECTOR BANDA

Decided On March 19, 2002
RAM KRIPAL Appellant
V/S
COLLECTOR BANDA Respondents

JUDGEMENT

(1.) THE petitioner took a loan from respondent No. 2, Khadi Evam Gramodyog Board for running carpentary business and did not repay the same, hence the impugned recovery has been issued. The.petitioner has prayed for fixing easy instalments. We have held in several decisions that the High Court cannot fix instalments under Article -226 of the Constitution of India. The High Court can only interfere in the matter where there is error of law apparent on the face of the record. Fixing of instalments is re ­scheduling the impugned recovery and that cannot be done by the High Court. The petitioner may approach the respondent No. 2 for this purpose.

(2.) THE writ petition is dismissed accordingly. Petition dismissed