HAR PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ram Autar Varma, holding brief of Sri R. K. Tiwari, learned Counsel for the appellant.

(2.) This appeal under the Rules of the Court arises from the judgment of Hon'ble single Judge dated 20.2.2006, passed in Civil. Misc. Writ Petition No. 10311 of 2006.

(3.) It appears that a sum of Rs. 53,234 was due against the appellant. Consequently, a recovery proceeding was initiated. Aggrieved appellant preferred the aforesaid writ petition challenging the recovery proceeding. The Hon'ble single Judge by the impugned order dismissed the writ petition after recording a finding that the petitioner has not placed on record any proof in respect of payment of entire amount within the period of nine years towards the said loan which was to the tune of rupees one lac. The Hon'ble single Judge has further observed on the basis of own averment of the petitioner-appellant that the loan which was to be paid by 1996, has not been paid in time and therefore, he declined to exercise extraordinary equitable jurisdiction under Article 226 of the Constitution and accordingly the writ petition has been dismissed.