Court No. - 21 Case :- WRIT - C No. - 3375 of 2010 Petitioner :- Smt. Shanti Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- Randhir Singh,Manoj Yadav Respondent Counsel :- C.S.C.,S.K. Singh Hon'ble V.K. Shukla,J.
Heard learned counsel for the petitioner, learned Standing
Counsel and Sri S.K. Singh for respondent-Bank.
In the present case, petitioner has approached this court
contending therein that he should not be harassed by adopting
coercive method under recovery proceeding, and further Bank
may be directed to permit the petitioner for depositing dues to
the Bank in three equal six monthly instalments.
Record in question reflects that claim of the petitioner has been
considered under Agricultural Debt Relief Scheme, 2008, and it
has been accepted by petitioner that sum of Rs. 7,783/- has been
waived. Petitioner has stated that amount of Rs.4,000/- could not
be deposited on account of poor economic condition. Under
Agricultural Debt Relief Scheme, 2008, it is wholesome scheme
wherein after getting benefit, corresponding obligation is also
cast upon the borrower, mentioning therein that he has to make
payment good. Once petitioner has admittedly been extended the
benefit of waiver and corresponding obligation of deposit has
not been discharged by him, then there is no infirmity in the
recovery proceedings, which has been so undertaken.
Consequently, writ petition is dismissed.
Order Date :- 25.1.2010
T.S.