( 1 ) THE petitioner seeks writ of certiorari quashing the citation notice dated 18. 1. 1999 demanding sum of Rs. 12,277 plus interest and other charges.

( 2 ) THE petitioner took loan for a pumping set, from Allahabad Bank, respondent No. 3. As the petitioner failed to pay the amount, recovery certificate was sent and respondent No. 2 issued a citation for recovery of Rs. 12. 277.

( 3 ) THE contention of learned counsel for the petitioner is that respondent No. 2 is demanding collection charges at ten per cent of the amount mentioned in the recovery certificate. It is contended that the property has yet not been auctioned and unless the auction takes place, the petitioner is not liable to pay any collection charges. He has placed reliance upon the decision of the Division Bench in Mirza Javed v. U. P. Financial Corporation, Kanpur and another, AIR 1983 Alt 234, wherein it was held that where the State Financial Corporation sent a certificate under Section 3 of U. P. Public Moneys (Recovery of Dues) Act to the Collector for recovery of the loan advanced by it as arrears of land revenue, it cannot include the collection charges in the certificate in view of Rule 28