Binod Kumar Roy, S.K.Jain, JJ. - (1.) With consent of the parties this writ petition is being disposed of on merits at its admission stage. The prayer of the petitioner is to quash the recovery order dated May 28, 1993. Issued by respondent No. 2 the Additional Collector (F&R), Kanpur (as contained in Annexure-3), the attachment order dated October 30. 1993. Issued by respondent No. 2 (as contained in Annexure-4) and the sale proclamation order dated December 31. 1993. Issued by respondent No. 3 (as contained in Annexure-5) respectively.
(2.) Sri Tarun Agarwal, learned counsel appearing on behalf of the petitioner, submitted a solitary point for our consideration, namely, that the recovery proceedings were Initiated against Sri Har Prasad Jaiswal, the father of the petitioner, despite the fact that he had died on May 4. 1976, which is evident from the death certificate, a X-rox copy of which is Annexure-2 which fact has not been denied in the counter-affidavit and consequently, the proceedings are nullify in the eyes of law.
(3.) Sri P. K. Bisaria, learned standing counsel appearing in opposition to the prayers made by the petitioner, contended that from the averments made in the counter-affidavit, it is clear that a notice was Issued to the father of the petitioner when he was alive though it is a fact that he had died subsequently but in view of the fact that having Inherited the Interest of his father and thus the petitioner was/is liable to discharge his liabilities and thus this Court may not exercise its discretionary Jurisdiction in his favour.;