VIMAL KISHORE TIWARI Vs. DISTRICT DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PRESENT writ petition has been filed claiming for following reliefs :

(2.) BRIEF background the case as disclosed by the petitioner in the writ petition is that his real brother Prabal Kumar Tiwari had applied for loan of Rs. 40,000/- under the scheme run by opposite Party No. 1. It has been stated that the loan application of Prabal Kumar Tiwari was forwarded by opposite party No. 1, and thereafter loan amount was disbursed to him after mortgaging L.I.C. Policy Bond No. 210453978 of the petitioner. It has been stated that the said Prabal Kumar Tiwari deposited some instalments and thereafter he suffered loss in the business and was unable to pay the remaining instalments of loan amount. It has been stated that said Prabal Kumar Tiwari also moved application praying that interest be not taken and remaining amount may be recovered from him in easy instalments. The petitioner is guarantor and states that despite availability of the original loanee, respondent Nos. 2 and 3 have initiated recovery proceedings against him from the L.I.C. Policy bond. In this direction letter was sent on 27.07.2005 addressed to the petitioner. On 04.02.2008 again letter was sent asking the petitioner to ensure the payment, failing which security is there, and the same would be encashed. Petitioner, thereafter represented the matter before opposite party No. 3 on 07.03.2008 and requested that the amount may not be recovered from him, as the real and original debtor is available and the amount may be recovered from him. Petitioner has contended that he had preferred writ petition No. 3006 (MB) of 2008 before this Court, and this Court on 04.11.2008 had asked the authority concerned to consider the petitioner's representation, in accordance with law by passing reasoned order. Thereafter decision has been taken on 23.12.2008, and said order is subject matter of challenge in the instant writ petition.

(3.) AFTER pleadings mentioned above have been exchanged, present writ petition has been taken up for final hearing and disposal with the consent of the parties.