Pardeep Kumar v. Union Of India And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-13954-2017 (O & M) Date of decision: 03.07.2017 Pardeep Kumar ....Petitioner V/s Union of India and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Mohammad Arshad, Advocate, for the petitioner. ***** Rajan Gupta, J. (Oral) Petitioner seeks a direction to the respondents to extend the tenure for his loan from 10 years to 20 years and reduce the EMI accordingly.

It appears that father of the petitioner took a loan from respondent No.4 for construction of a house. He expired on 08.10.2015. Petitioner was employed by the MARKFED on compassionate grounds on 14.06.2016. The liability to pay instalments in lieu of loan taken by his father fell on the petitioner. His grievance is that he is unable to pay such a huge amount from his monthly salary. Admittedly, petitioner is employed as a Clerk in Group 'C' and is living in the house which was constructed by way of loan granted to his father.

In my considered view no case for interference in the writ jurisdiction is made out. Petitioner's father having agreed to the terms and conditions of loan, same cannot be modified by this court in exercise of its powers under Article 226 of the Constitution. The writ petition is, thus, without any merit and is hereby dismissed.

Sukhpreet Kaur 2017.07.04 16:33 I attest to the accuracy and integrity of this document

CWP-13954-2017 (O & M) ::2::

At this stage, petitioner submits that he shall pursue his representation before the concerned authority. Needless to say that he is at liberty to do so. (RAJAN GUPTA) July 03, 2017 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2017.07.04 16:33 I attest to the accuracy and integrity of this document