Court No. - 21 Case :- WRIT - C No. - 1379 of 2010 Petitioner :- Chain Sukh Respondent :- State Of U.P. Thru. Secre. Of Finance & Revenue & Others Petitioner Counsel :- M.P. Singh Gaur Respondent Counsel :- C.S.C.,S.K. Singh Hon'ble V.K. Shukla,J.
Heard learned counsel for the petitioner and Sri S.K. Srivastava, Advocate for
respondent-Bank.
Record in question reflects that petitioner had accepted benefit of Agricultural
Debt Waiver and Debt Relief Scheme-2008 and as per the same after
extension of aforesaid benefit petitioner was liable to make entire payment
good in three instalments. First instalment was to be deposited up till
30.09.2008, second instalment up till 31.03.2009 and third instalment up till
30.06.2009. Total amount which was to be deposited of Rs. 1,86,350/- in
aforesaid three instalments.
Petitioner claims that after the benefit of aforesaid scheme has been extended
he has deposited Rs. 57,000/- only.
In pith and substance this much has been admitted that relief provided under
aforesaid Agricultural Debt Waiver and Debt Relief Scheme-2008 has not at
been complied with.
Before this Court petitioner has contended that he gives up his right under
Agricultural Debt Waiver and Debt Relief Scheme-2008 and prepared to
deposit entire payment good subject to condition that instalments facilities
may be extended to him.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in
concerned Bank/Samiti in six equal instalments. In calculating the arrears the
amount (if any) already paid will be adjusted.
(ii) The first instalment may be deposited within two months from today, and
rest of instalments be deposited at the interval of two months. These deposits
may be made before the Branch of the Bank from where the loan was taken.
In case instalments are deposited in the Bank then half of the recovery charges
only be recovered from the petitioner.
(iii) During period the recovery proceedings will be kept in abeyance. In case
petitioner defaults in depositing any of the instalments within the above
stipulated time it will be open to the respondents to start recovery proceedings
again by taking coercive process at once to which the petitioner undertakes
not to challenge.
(iv) Petitioner may file an application for supply of statement of account
alongwith the duly stamped self addressed envelope. In case any such
application is filed, the concerned branch of the Bank will give the same to
the petitioner after deposit of first instalment within fifteen days.
(v) This order will not affect any auction if it has already taken place. In that
event the petitioner may take appropriate legal proceedings to set aside the
auction under U.P.Z.A & L.R. Act and Rules 1952 or file a suit in accordance
with law.
(vi) It is clarified that this order will be operative and will not come in way of
recovers process in any manner, if any, other writ petition has been filed
before this Court against the recovery proceeding for the loan amount.
(vii) Property (agricultural land/tractor) belonging to the petitioner, if attached
in connection with recovery proceedings, will be released by the concerned
Tahsil authority (unless it has been auctioned) after deposit of first instalment
and further moment first instalment is paid the applicant shall also be
released.
(viii) if any fact given from the side of the petitioner is found to be incorrect
by bank authorities. It will be open for them to move an application for
modification/recall of the order.
With the aforesaid writ petition stands disposed of.
Dated 13.01.2010
Dhruv(1379-10)