LAWS(ALL)-2000-7-82

KRISHNA RICE MILLS Vs. STATE OF UTTAR PRADESH

Decided On July 03, 2000
KRISHNA RICE MILLS Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Petitioner M/s. Krishna Rice Mills through its partners Arun Kumar, Smt. Prakashwati Devi widow of late Krishna Prasad and Smt. Bina Devi wife of Ashok Kumar have challenged the recovery proceedings initiated at the instance of the State Bank of India, Siswa Bazar Branch, Maharajganj, hereinafter referred to as the Bank, through the recovery certificate sent for collection as arrears of land revenue to the revenue authorities impleaded as opposite party Nos. 1, 2, 3 and 8 in this writ petition. Opposite party Nos. 6 and 7 are the Industry Officers presently not connected with the dispute in issue.

(2.) Where the writ petition was filed on 27-10-1999 the respondent bank was permitted to have from the petitioners a deposit by cash or by bank draft of the sum of Rs. 3,00,000.00.00 (Rupees Three lacs only) if paid on or before 30-11-1999 and also permit the petitioners to file a fresh term of proposal for payment of the remaining amount. The recovery certificate indicates that the petitioner was called upon to deposit Rs. 10,42,987.00 (Rupees Ten lacs Forty Two Thousand Nine Hundred Eighty Seven only) in which interest up to 19-1-1999 was included.

(3.) It is not in dispute that the petitioners have deposited the aforesaid sum of Rs. 3 lacs in pursuance of the interim order dated 27-10-1999. However, it is also not in dispute that the petitioners' representation/rehabilitation proposal has not been considered by the Bank in spite of the observations existing in the aforesaid interim order of this Court.