KULDEEP Vs. BRANCH MANAGER BHUMI VIKASH BANK FATEHPUR

JUDGEMENT

(1.) R. B. Mehrotra, J. Heard learned counsel for the petitioner Shri M. Dixit and Shri H. M. Srivastava, learned counsel appearing for Shri Rajendra Singh.

(2.) THE present writ petition was filed by Shri Kuldeep, Viswadeep and Jagdeep, all are sons of Shri Rabindra Lal Tripathi under the guardianship of their mother Smt. Ansuyiya Devi. THE Branch Manager, Bhumi Vikas Bank, Fatehpur and Tehsildar/sub-Divisional Officer were impleaded as respondents. It was stated in the writ petition that the grandfather of the petitioners took loan for purchase of a tractor in the year 1984. THE property of the petitioners was mortgaged to the bank concerned. But the loanee failed to pay the instalments as per schedule and the tractor of the petitioners was attached and sold for Rs. 60,500 in the year 1983-84. Subsequently Guru Prasad died and the property as per Will Deed developed on the minor sons, grandsons of Guru Prasad, namely, the petitioners herein. It was further alleged that the Will Deed executed in the favour of the petitioners was duly registered. THE bank issued a citation against Guru Prasad. A recovery certificate was annexed as Annexure-1 to the writ petition. THE date of recovery certificate is 27-7-94. Subsequently another recovery certificate was issued against Guru Prasad for Rs. 1,08,451 and other dues. This recovery certificate has been filed as Annexure-2 to the writ petition. THE date of this citation is not mentioned in the annexure.

(3.) ON the facts stated above I am fully convinced that the writ petition has been filed, concealing the material facts. The facts stated in application duly sup ported by an affidavit have not been controverted. In pursuance to the recovery, notices were issued to the petitioners father, the agricultural land was already sold out in favour of Shri Raiendra Singh, the necessary facts were concealed and the order was obtained by playing fraud, on the Court. Accordingly the order dated 10-7- 95 is recalled.