Court No. - 21 Case :- WRIT - C No. - 5781 of 2010 Petitioner :- Sadanand Pathak Respondent :- Collector, District Sant Ravidas Nagar & Anr. Petitioner Counsel :- N.D. Shukla Respondent Counsel :- C.S.C.,S.K. Singh Hon'ble V.K. Shukla,J.
Prayer has been made for quashing of the recovery proceeding and
further to extend the benefit of Agricultural Debt Waiver and Debt
Relief Scheme-2008 and to decide the representation dated
30.12.2009.
Undisputed position is that the petitioner had taken loan and for getting
the benefit of Agricultural Debt Waiver and Debt Relief Scheme-2008,
petitioner had staked his claim. As per the Agricultural Debt Waiver
and Debt Relief Scheme-2008, in case petitioner wanted to get the
benefit of the aforesaid scheme, then in that event, he was required to
deposit 75% of the amount by 30th June, 2009, and then he was
entitled to have the waiver of 25%. The petitioner was again given
opportunity to deposit 75% of the amount by 31.12.2009. Admitted
position is that pursuant to the said communication, till date for getting
the benefit of Agricultural Debt Waiver and Debt Relief Scheme-2008,
requisite amount has not been deposited by the petitioner.
Once this is the factual scenario that the terms and conditions of the
Agricultural Debt Waiver and Debt Relief Scheme-2008 have not been
complied with by the petitioner by not discharging the corresponding
obligation, then there is no shortcoming in the recovery proceeding so
initiated.
Writ petition, as has been framed and drawn, is dismissed.
Order Date :- 4.2.2010
SRY