LAWS(ALL)-2007-8-29

SURESH CHANDRA JAISWAL Vs. R S JAISWAL

Decided On August 20, 2007
SURESH CHANDRA JAISWAL Appellant
V/S
R S JAISWAL Respondents

JUDGEMENT

(1.) TARUN Agarwala, J. The applicant purchased Kisan Vikas Patra in various denominations amounting to Rs. 64,000/- on 17-1- 1997, from the Sub Post Office situate at Kasturba Gandhi Marg, Allahabad. These Kisan Vikas Patra matured after 5-1/2 years valuing at Rs. 1,28,000/ -. The applicant presented the certificates before the Sub Post Office for encashment. The opposite party did not encash the certificates. Consequently, the applicant approached the High Court by filing a writ petition, being Writ Petition No. 20322 of 2004, which was disposed of by a Division Bench of this Court by an order dated 24-5-2004 which is quoted herein below : "heard learned Counsel for the petitioners and Sri M. P. Shukla, learned Counsel for the respondents. After hearing learned Counsel for the parties, we are satisfied with the arguments that this writ petition be disposed of in terms of the judgment and order passed by this Court in Writ Petition No. 20695 of 2001, H. K. Goel & Ors. v. Chief Post Master General, U. P. Circle Lucknow & Ors. , decided on 25-2-2003. Thus, in view of above, we dispose of the writ petition directing the respondents to encash the Kishan Vikas Patra which has become matured after holding proper scrutiny regarding its genuineness within a period of 4 weeks from the date of filing a certified copy of the order before the authority concerned. "

(2.) THE Court directed the respondents to encash the Kisan Vikas Patra after holding a proper scrutiny regarding its genuineness.

(3.) HEARD Sri S. K. Garg, the learned Counsel for the applicant alongwith Syed Ali Murtaza for the applicant and Sri K. C. Sinha for the opposite party.