WRIT - C No. 7178 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:35744-DB Court No. - 29 Case :- WRIT - C No. - 7178 of 2025 Petitioner :- Dushyant Kumar Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Afzal Parvej,Arif Ikbal Counsel for Respondent :- C.S.C.,Krishna Kant Tiwari Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State authorities and Shri Krishna Kant Tiwari, learned counsel for the respondent IDBI Bank. 2. It is stated that the petitioners had availed of cash credit facility and, therefore, initiation of recovery under the U.P. Public Moneys (Recovery of Dues) Act, 1972 would be impermissible in view of the law laid down by the Full Bench of this Court in the case of Sharda Devi vs. State of U.P. reported in 2001 (45) ALR 156. It is also submitted that the loan was otherwise not extended for any State or Central scheme. 3. Learned counsel representing the respondent IDBI Bank does not dispute the aforesaid contention and states that the Bank be permitted to proceed with recovery by approaching the Debts Recovery Tribunal. It is also stated that an Original Application has also