BACCHAN SINGH Vs. COLLECTOR, SHAH JAHANPUR AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel, Mr. R.B. Sahai, Advocate, who has appeared for respondent No. 3 and also perused the record.

(2.) By means of this petition filed under Art. 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the recovery proceedings initiated against the petitioner. Prayers for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to accept the amount in question in easy instalments and not to charge compound interest and recovery charges have also been made.

(3.) It appears that petitioner took loan from respondent Bank but committed default in payment of amount of loan. Consequently, respondent Bank issued a recovery certificate on the basis of which the amount in question is being recovered from the petitioner as arrears of land revenue. Learned counsel for the petitioner submitted that petitioner is willing to deposit the amount in question but on account of financial problems, it would not be possible for him to deposit the whole amount in lump sum. He prayed that petitioner may be permitted to deposit the amount in question in six instalments of equal amount within eighteen months. Learned counsel appearing for the respondent Bank has got no objection if the petitioner is permitted to deposit the amount in question in four instalments within twelve months.