RATTANDEEP SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Appellant is the writ petitioner. Appellant availed a loan for the purpose of opening a dairy farm and purchase of milk cattle in order to open this dairy farm. Consequent upon there being default in repayment of the loan, proceedings were initiated by the bank against the appellant for recovery of the amount outstanding. Before the learned Single Judge, we notice from the judgment, the argument of the appellant was that the loan was a commercial term loan and, therefore, it could not be recovered as arrears of land revenue.

(2.) On the other hand, the respondent Bank took shelter under the provision of Section 11-A of the Uttar Pradesh (Uttarakhand) Agricultural Credit Act, 1973. The said provision reads as follows:

(3.) The learned Single Judge appears to have upheld the contention of the respondent-Bank that the recovery initiated could be sustained under Section 11.A. As regards the second argument of the appellant, namely, that the charge has not been created is concerned; it was found that it could not stand as per the record. The learned Single Judge found merit in the contention of the respondent-Bank that Annexure No. 2 to the writ petition would show that the cattle, which were immovable property, were hypothecated to the Bank and such a charge has also been created against other immovable property. It was found that the loan taken by the appellant is covered by the Uttar Pradesh (Uttarakhand) Agricultural Credit Act (hereinafter referred to as "the Act"). It is found that there is no anomaly and, therefore, the writ petition was dismissed. Feeling aggrieved, the appellant is before us.