- (1.) These two writ petitions, raising similar issues, have been heard together and are being decided by this common judgment.
(2.) Counter and rejoinder affidavits have been exchanged between the parties and reference to the pleadings in Writ Petition No. 66154 of 2010 is sufficient for deciding both the writ petitions.
(3.) We have heard Sri Jagannath Singh, learned Counsel for the Petitioners, Sri K.N. Mishra and Sri Shailendra Kumar Singh appearing for the U.P. Sahkari Gram Vikas Bank Limited and learned Standing Counsel. Brief facts of Writ Petition No. 66154 of 2010 are as follows; the Petitioner mortgaged his 1/3rd share in six plots area 2.813 hectares for obtaining a loan from Respondent No. 4. The loan was repayable in instalments within five years at the rate of 16% interest. The Petitioner purchased a Vikram Taxi (Registration No. UP 70/Y, 9354). A notice for payment of road tax was issued to the Petitioner on 3rd March, 2006 for the period 1st October, 2003 to 31st March, 2006 by Regional Transport Officer, Allahabad. The Petitioner made certain payments towards repayment of loan, last payment of Rs. 14,000/-was made on 2nd January, 2009. In the year 2006, the Petitioner was detained in prison for 14 days. The Petitioner's vehicle was also claimed to be attached from 2nd March, 2006. The Petitioner made an application under the Right to Information Act, 2005 enquiring details of outstanding amount in his loan amount. He was informed by letter dated 18th August, 2010 that total due till 31st August, 2010 is Rs. 4,44,004/-. The Branch of Respondent No. 4 sent a letter dated 20th October, 2010 to Tahsildar/Sub Divisional Officer, Tahsil Bara, Allahabad informing that defaulters who are covered by proceedings under Section 95A of the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as the 1965 Act) have not yet deposited their dues, hence citation be issued. Along with the letter dated 20th October, 2010 a list of 50 defaulters was sent in which the name of the Petitioner (Sukh Lal) has been shown at Serial No. 28 with due amount of Rs. 2,85,109/-. The Naib Tahsildar issued an order dated 23rd October, 2010 for issuing notice and citation. Citation dated 23rd October, 2010 has been issued containing the seal of Tahsildar, Jasra, to the Petitioner (Sukh Lal) for an amount of Rs. 2,85,109/-. The Petitioner claims to have filed an objection before the Collector dated 3rd November, 2010 raising various objections and praying for setting aside the recovery proceeding. Writ Petition No. 66154 of 2010 has been filed by Sukh Lal praying for following relief : i) issue, a writ of certiorari quashing the recovery proceeding against the Petitioner pending before Respondent No. 3, in pursuance of recovery certificate dated 20.10.2010 issued by Respondent No. 4 (Annexure No. 6 to the writ petition) and citation dated 23.10.2010 issued by Respondent No. 3 (Annexure No. 7 to the writ petition). ii) issue, a writ of mandamus directing the Respondents not to arrest the Petitioner regarding this recovery. iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. iv) award cost of the writ petition in favour of the Petitioner.;