PREM KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Sharad Verma. learned counsel appearing for the petitioner, ShrI Sanjay Goswami, (earned standing counsel of the State of U. P., representing the respondent Nos. 1 and 2 and Shri Pradeep KumaR Sinha, hoLding brief of Shri P. K. Mukerji, learned counsel of the contesting respondent No. 3.

(2.) Through the impugned citation dated 26th November, 1991, a photocopy whereof is Annexure-2 to the petition, issued at the behest of the contesting respondent No. 3, a sum of Rs. 35,400 plus recovery charges is sought to be recovered from the petitioner. Feeling aggrieved by the impugned citation, the petitioner has filed this petition under Article 226 of the Constitution of India.

(3.) The contention of the petitioner is that the recovery proceeding in pursuance whereof the impugned citation has been issued is wholly illegal being contrary to sub-clause (10) of clause 19 of the Scheme for providing Self Employment to Educated Unemployed Youth (SEEUY) whereunder the amount sought to be recovered was given to him by way of loan. A copy of the Scheme is to be found on record as Annexure-S.A. 1 to the supplementary-affidavit filed by the petitioner.