CHINTA MANI Vs. STATE OF U P

JUDGEMENT

(1.) The appellant is a borrower. He took a loan from the respondent ? State Bank of India, Branch Dibai, to the tune of Rs. 2 Lacs for the purchase of a Tractor. The appellant admittedly defaulted in making repayment of the said agricultural loan that was disbursed in the year 2001. Consequently, recovery proceedings were initiated and a Citation of recovery was issued for recovery of the amount of loan as arrears of land revenue under the provisions of the U.P Zamindari Abolition & Land Reforms Act, 1950 read with the 1952 Rules.

(2.) The challenge in the writ petition giving rise to this appeal was to the Citation of recovery dated 3.4.2010 whereby a sum of Rs. 2,17,000/- was sought to be recovered together with 10% recovery charges. The learned single Judge upon the concession made by the appellant ? petitioner that he is ready to pay the entire amount of loan with interest in easy installments, proceeded to pass an order on 25.5.2010 fixing the time period for the repayment and if the said schedule was adhered to, it was also provided in condition No. II that in case the installments are deposited in the Bank, then half of the collection charges only shall be recovered from the petitioner.

(3.) Learned Counsel for the appellant contends that the grievance now only remains with regard to half of the recovery charges that are to be recovered from the appellant under the impugned judgment.