GHARAM SINGH Vs. SUB DIVISIONAL OFFICER BADAUN

JUDGEMENT

(1.) THE petitioner challenges the recovery proceedings initiated at the instance of General Manager, District Industrial Centre, Budaun, particularly on the quantum of interest charged on the loan in question. THE petitioner placed provisions of section 2 (b) of the Indian Interest Act, 1978, which is quoted as under :

(2.) AFTER hearing the learned counsel for the parties, I am not inclined to interfere in the recovery proceedings in question which have been started in accordance with the provisions of the U. P. Z. A. and L R Act as arrears of land revenue. The aforesaid Act itself provides elaborate procedure for contesting the recovery proceedings under the Act. The remedy provided in the Act is by way of filing of a suit which is elaborate and efficacious remedy and the persons who challenge the quantum of loan or interest may seek proper and adequate remedy as provided in the said Act. It is not proper nor desirable for this court to enter into the factual controversy as submitted by the learned counsel for the petitioner. However, the learned counsel for the petitioner conceded that his client is willing to deposit the entire amount sought to be recovered under the proclamation/citation issued by the respondents in regard to the recovery. He however, seeks some indulgence and time for payment of the same.

(3.) WITH these directions, the petition is disposed of