Court No. - 36 Case :- WRIT - C No. - 41141 of 2010 Petitioner :- Krishi Yantra Gramdyog Respondent :- State Of U.P. And Others Petitioner Counsel :- Ashfaq Ahmad Ansari Respondent Counsel :- C.S.C.,Siddharth Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard Sri A.A.Ansari in support of the petition and Sri Siddharth for
respondent no.4.
The instant writ petition has been filed challenging the recovery certificate
dated 10.5.2010 by which the particular amount is sought to be recovered by
issuing the certificate under the provisions of U.P.Agricultural Credit Act,
1973.
One of the ground so taken in the writ petition is that in view of the nature of
loan, the amount cannot be recovered under the U.P.Agricultural Credit Act,
1973 and thus the recovery certificate so issued is faulty.
Sri Siddharth has obtained instructions in the matter and has ascertained about
the nature of the loan.
During the course of the argument there appears no dispute that the amount
was granted under the State Sponsored Scheme and the amount can be
recovered under the provisions of U.P.Public Moneys (Recovery of Dues)
Act, 1972.
On this short ground Sri Siddharth submits that the Bank may be given liberty
to proceed in accordance with law and the recovery pursuant to the impugned
recovery certificate be quashed.
We are not entering into the merits of the case. The recovery certificate
appears to be issued under the wrong Act whereas in view of the nature of the
loan, the said amount can be recovered under the provisions of U.P.Public
Moneys(Recovery of Dues) Act, 1972.
In view of the aforesaid provisions, the petition succeeds and is allowed. The
recovery citaion dated 10.5.2010 is quashed. The conerned authority may
proceed afresh and issue recovery certificate for recovery of the amount under
U.P.Public Moneys(Recovery of Dues) Act, 1972..
The writ petition stands disposed of accordingly.
Order Date :- 30.7.2010
VPC