- (1.) The present Writ Petition has been filed making the following prayer: "(i) a writ, order or direction in the mature of certiorari quashing the recovery proceedings initiated against the petitioner in pursuance of the citation dated 29.1.2011 (Annexure No.5) issued by the respondent no.2. (ii) a writ, order or direction in the mature of Mandamus directing the respondents not to initiate recovery proceedings against the petitioner in pursuance of the citation dated 29.1.2011 (Annexure No.5) issued by the respondent no.2. (iii) Any other suitable writ, order or direction as the Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) Award cost of this petition to the petitioner."
(2.) It appears that the petitioner took loan for purchasing Tempo from the respondent no.3 - State Bank of India. As per the averments made in paragraph 3 of the Writ Petition, the loan was a commercial loan. The petitioner committed default in payment of the loan. Consequently, proceedings have been initiated against the petitioner for recovering the amount, due from the petitioner, as arrears of land revenue. Citation dated 29.1.2011 (Annexure-5 to the Writ Petition) has been issued in this regard.
(3.) We have heard Shri J.P. Singh, learned counsel for the petitioner and Shri P.K. Tripathi, learned counsel for the respondent no.3.;