Manju Nautiyal vs Registrar Cooperative Societies Uttarakhand And Others

Manoj Kumar Tiwari, J

Petitioner took a housing loan from District Cooperative Bank Limited, Uttarkashi, in the year 2013.

According to the petitioner, her salary account was with District Cooperative Bank Limited, Uttarkashi and excess amount has been realised by the respondent-Bank from the salary account of the petitioner, towards payment of loan.

By means of this writ petition, petitioner has sought the following reliefs:-

"I. Issue appropriate order or direction for summoning the entire record in respect of loan account of the petitioner and produce the same before this Hon'ble Court.

II. Issue a writ order or direction in the nature of Mandamus directing the respondents to close the loan account of petitioner for the reason that as per the loan sanction letter dated 23.3.2013 the petitioner has already paid the entire loan amount with interest."

Whether respondent-Bank has deducted excess amount from petitioner's salary account or not is basically a question of fact, which cannot be resolved in writ proceedings under Article 226 of the Constitution of India. Under Co-operative Societies Act, 2003 petitioner has a remedy, therefore, this Court refuses to entertain this writ petition.

Accordingly, writ petition fails and is hereby dismissed. However, petitioner shall be at liberty to approach the Competent Authority in the Cooperative Department.