JARIPH ALAM Vs. DISTRICT MAGISTRATE NAINITAL

JUDGEMENT

(1.) This Writ Petition is heard through Video Conferencing.

(2.) The brief facts, which indulges consideration in the present Writ Petition is that the petitioner claims himself to be a poor marginal farmer, who is the holder of Kisan Credit Card, as issued by respondent No. 4 in his favour, bearing Account No. 200. He has submitted in the Writ Petition that he is recorded in the revenue records as Shreni-3 khastadar, with an Assami rights in relation to the land recorded in Khata No. 47; for the fasli year 1426 to 1431, which he has extended for the mortgage of the property for advancement of financial assistance for agricultural purposes, as would be apparent from the entries made in the khatuni in the last column, that for the purposes of advancement of agricultural loan, from respondent Nos. 3 and 4 his agricultural property was mortagaged.

(3.) According to the Kishan Credit Card / Passbook, as issued by the respondent No. 4, which happens to be the primary Agricultural Cooperative Credit Society, is shown to have sanctioned and advanced a loan of Rs.2,30,400/- towards 'Khadyan Ansha (ka)' and Rs. 57,600/- was advanced towards 'khadyan Ansha (kha)', during the period of the validity of the Kishan Credit Card from 2012 to 2015. The petitioner has come up with the case, that the said 'land' , which has been registered in his name, he is recorded therein as cotenure holder with the others lies in Village Chausala, Tehsil Haldwani, District Nainital, he is exclusively utilizing the land for agricultural purposes. Here the consideration of word, 'land' which is referred too, would be necessary, because the land here would be read in accordance with the land as defined under Section 3 (14) of the U.P. Z.A. & L.R. Act which is quoted hereunder :-