Zubair vs State and Others

B.S. Verma, J.—By means of this writ petition, the Petitioner has sought writ in the nature of certiorari quashing the impugned recovery citation dated 11.12.2010 (Annexure No. 3 to the writ petition), issued by Respondent No. 3-Tehsildar, District Haridwar.

According to the Petitioner, he took cash and credit facility of Rs. 12 lacs from Respondent No. 4- Central Bank in the year 2006 but could not repay the loan amount in time. On 11.12.2010, without any prior notice, the Petitioner was served with the recovery citation, issued by Tehsildar, Haridwar for recovery of an amount of Rs. 2,94,860/- and other dues.

Learned Counsel for the Petitioner has contended that in view of principle of law laid down in Iqbal Naseer Usmani v. Central Bank of India and others, reported in 2006(1) AWC 962 (SC), the loan not advanced under the State Sponsored Scheme cannot be recovered as arrears of land revenue and the same is also defined u/s 3 of Uttar Pradesh Public Monies (Recovery of Dues), Act, 1972.

The matter requires scrutiny whether the loan which was advanced to the Petitioner by the Respondent bank could be recovered as arrears of land revenue. Prima facie the cash and credit facility was sanctioned by the bank to the Petitioner.

Learned Counsel for the Respondents pray for and are allowed three weeks'' time to file counter affidavit.

List after winter vacation.

Till further orders of this Court, no recovery shall be made from the Petitioner on the basis of the recovery citation. However, it is made clear that the Respondent bank may adopt any other mode of recovery, permissible under law. (Stay application stands disposed of).