- (1.) R. H. Zaidi, J. Heard learned Counsel for the petitioner, learned Counsel appearing for the contesting respondent and also perused the record.
(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorariquashing the order dated 20-10-2001 and also for a direction in the nature of mandamuscommanding the respondents not to adopt coercive measures in the recovery proceedings against the petitioner in and to exempt the petitioner from the recovery proceedings. It has been stated by the learned Counsel for the petitioner that the petitioner was legally entitled to the benefit of the Debt Relief Scheme notified and contained in Government Order dated 30-5-1990. For availing the benefit in the said Scheme, the petitioner is required to apply before the competent authority, till date no application is stated to have been filed before the competent authority by the petitioner. The writ petition as framed and filed appears to be prematured.
(3.) IN the aforesaid circumstances, this petition is disposed of at this stage with the direction that the petitioner shall be at liberty to file the representation claiming the benefit of the aforesaid Scheme before the competent authority within fifteen days from today along with a certified copy of this order. If such an application is filed, the competent authority shall disposed of the said application expeditiously and preferably within a period of three months. For a period of four months or till the order is passed by the competent authority, whichever is earlier, the recovery proceedings initiated against the petitioner shall remain stayed. Recovery stayed. .;