Makhan Singh vs Tehsildar Jaspur and Another

B.S. Verma, J.—Heard learned Counsel for the Petitioner and perused the record.

Notice on behalf of Respondent No. 1 is accepted by Mr. N.P. Sah, Standing Counsel.

By means of this writ petition, the Petitioner has sought a writ in the nature of certiorari quashing the recovery citation dated 19-8-2010 (Annexure-1 to the petition) issued by the Respondent No. 1-Tehsildar Jaspur amounting to Rs. 58,280/- plus interest and collection charges. It is further prayed that a writ of mandamus be issued directing the Respondent No. 2 to give the benefit of Agricultural Debt Waiver and Debt Relief Scheme 2008 (Annexure-3) to the Petitioner as mentioned in para 3.7.4 of the Scheme.

According to the Petitioner, he took agricultural loan of Rs. 45,000/- in the month of December 2006 on the basis of Kisan Credit Card from the Respondent No. 2-Bank. The said loan became overdue on 31-12-2007. According to him, the Petitioner comes under the category "other farmer" as provided under Clause 3.7 of the said Scheme and he is entitled to rebate of 25% of the principal loan amount under the aforesaid Scheme and for remaining amount, the bank concerned is authorized to recover the amount as one time settlement, which is recoverable in three instalments as per Clause 7.3 of the Scheme.

The Petitioner has also moved an application before the Respondent No. 2 on 26/29-12-2009 (Annexure-7 to the petition), but the Respondent-Bank did not take any decision on the application and request was made by the Bank to the Collector concerned to recover the amount of loan etc. as arrears of land revenue. Consequently, the Tehsildar Jaspur-Respondent No. 1 issued the impugned recovery citation against the Petitioner.

Issue notice to Respondent No. 2.

The Respondents may file counter affidavit within a period of six weeks.

List thereafter.

Till the next date of listing, if the Petitioner deposits a sum of Rs. 30,000/- (thirty thousand) in the Registry of this Court within a period of four weeks, no recovery pursuant to the impugned recovery citation (Annexure-1 to the petition) shall be made from the Petitioner. (Stay Application No. 9712 of 2010 stands disposed of.)

In the meantime, the Respondent No. 2-Bank shall take a decision on the application of the Petitioner, which is pending for disposal, whether the Petitioner is entitled to the benefit under the Agriculture Debt Waiver and Debt Relief Scheme, 2008 or not and shall file a detailed counter affidavit.