Allahabad High Court
MUKESH KUMAR VERMAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court stayed enforcement of the recovery certificate and directed the petitioner to submit fresh representation, after which the authorized officer must decide the matter.
Summary
The petitioner, Mukesh Kumar Verma, challenged a recovery certificate dated 26 May 2026 issued by the Tehsildar of Gabhana, Aligarh. He contended that letters dated 11 November 2024 and 12 December 2024, sent by the Branch Manager of Aryavrat Bank to the Authorized Officer of the Zila Udyog Protsahan Avam Udhmita Vikas Kendra, had not been acted upon, yet the recovery certificate was issued. The Court examined the record and, with the parties' consent, ordered the petitioner to file a fresh representation attaching the said letters and a certified copy of the order within two weeks. Upon receipt, the Authorized Officer was directed to decide the matter within four weeks. The Court also stayed any coercive action under the recovery certificate for eight weeks or until a decision is made, whichever is earlier.
Issues considered
- Whether the recovery certificate dated 26‑05‑2026 can be enforced pending consideration of the petitioner’s letters to the authorized officer
- Whether the petitioner is required to submit a fresh representation before any coercive action can be taken
Subjects
- recovery certificate
- stay order
- fresh representation
- administrative decision
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39939 of 2026
Mukesh Kumar Verma
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arun Kumar Gupta, Prashant Gupta
Counsel for Respondent(s) : C.S.C., Sachin Mishra
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The recovery certificate dated 26.05.2026 issued by the respondent
No.4/Tehsildar, Tehsil Gabhana District Aligarh is under challenge.
2. It is argued by learned counsel for the petitioner that letters dated
11.11.2024 & 12.12.2024 written by the respondent No.4/Branch
Manager, Aryavrat Bank, Branch Kulwa District Aligarh, copy of the
same is appended at Page Nos,.23 & 24 of the Paper-book to the
respondent No.3/Authorized Officer, Zila Udyog Protsahan Avam
Udhmita Vikas Kendra, Aligarh but till date no decision has been taken in
the made. It is argued that on the one hand, respondent No.3 has not taken
any decision on the letters written by the respondent No.4 and on the
other hand, recovery certificate has been issued against the petitioner at
the behest of respondent No.4.
3. Heard learned counsel for the parties and perused the record.
4. In the facts and circumstances of the case and with the consent of
learned counsel for the parties, the present petition is disposed of directing
petitioner to submit fresh representation annexing copies of the letters
dated 11.11.2024 & 12.12.2024 written by the respondent No.4/Branch
Manager, Aryavrat Bank, Branch Kulwa District Aligarh before
the respondent No.3/Authorized Officer, Zila Udyog Protsahan Avam
Udhmita Vikas Kendra, Aligarh along with certified copy of this order
within two weeks from today. In case, the petitioner does so, the
respondent No.3 will take a decision in the matter within four weeks
WRIC No. 39939 of 2026
2
thereafter.
5. For a period of eight weeks or till the decision taken in the matter,
whichever is earlier, no coercive action be taken against the petitioner
pursuant to the recovery certificate dated 26.05.2026.
(Vivek Saran,J.) (Prakash Padia,J.)
October 1, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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