U.K.DHAON AND ALOK K.SINGH, JJ. - (1.) HEARD Shri Pankaj Agnihotri, holding brief of Shrl Prashant Kumar, the learned Counsel for the petitioners and Shri Ashok Kumar Pandey, the learned Counsel for opposite parties No. 2 and 3 and the learned Additional Chief Standing Counsel for the opposite parties 1 and 5. Notice on behalf of opposite party No. 4 has been accepted by Shri A.K. Srivastava.
(2.) THE petitioners have alleged that petitioner No. 1 is a registered Association which is looking after the welfare of the members who are obtaining financial assistance from U.P. Khadi Evam Gram Udyog Board and petitioner No. 2 is Secretary of the Association. The learned Counsel for the petitioners submits that the provisions of Section 35A of the U.P. Khadi and Village Industries Board Act, 1960 are unconstitutional and the same is ultra vires to the provisions of Articles 14, 21 and 300A of the Constitution of India. He further submits that the recovery certificates dated 14.9.2005, 19.7.2005 and 10.9.2002, contained in Annexures -4, 5 and 6 to the writ petition, are illegal.
(3.) SHRI Ashok Kumar Pandey, the learned Counsel for the opposite parties No. 2 and 3 on the basis of instructions, submits that the writ petition is not maintainable as there is concealment of material facts. He further submits that the petitioner No. 2 has not disclosed that Writ Petition No. 49370 of 2002, Writ Petition No. 53146 of 2002, Writ Petition No. 23933 of 2003 and Writ Petition No. 25359 of 2003 were filed in this Hon'ble Court at Allahabad against the recovery of the loan taken by M/s Maud Kala Gramin Vikas Samiti and all those writ petitions were dismissed by a Division Bench of this Hon'ble Court at Allahabad by the judgment and order dated 6.12.2005.;