KISAN ICE AND COLD STORAGE, GHATIAGHAT CHAURAHA, BHAGWA NAGDA, FARUKHABAD AND OTHERS Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed against the impugned recovery certificate dated 26.7.96 Annexure-17 to the writ petition.

(2.) The petitioner took a loan for setting up a cold storage and one impugned recovery has been issued in the respect of this loan. The petitioner had earlier challenged the impugned recovery in this Court by several writ petitioner vide Annexures-12, 13,14,15 and 16 to the writ petition. These writ petitions have been dismissed vide Annexures-15 and 16 to the writ petition.

(3.) In my opinion, this petition is not maintainable as earlier writ petitions for the same relief by the petitioner have been dismissed by this Court. In writ petition No. 32532 of 1994 decided on 19-10-94 this Court repelled the plea of the petitioner that the provisions of the U.P. Agriculture Credit Act are not applicable to a loan given by the bank for setting up a cold storage. It was held that the said loan will be deemed to be for Agricultural purpose and the definition of agriculture and agricultural purpose in Sec. 2 of the Act is not exhaustive but only an illustrative. Storage of agricultural products will also be deemed to be for agricultural purpose.