OM PRAKASH JAISWAL Vs. COLLECTOR

JUDGEMENT

(1.) The prayer of the petitioner is to quash the recovery proceeding initiated on the basis of the recovery certificate issued by the Benaras State Bank Ltd., against him for realisation of the loan which he has taken from the aforementioned bank for the purpose of purchasing a truck.

(2.) The short point for our consideration, which was pressed by Mr. Chan-del, appearing in support of the petition, is that the loan amount taken by the petitioner cannot be recovered as land revenue in the absence of any agreement ,or a clear cut statutory provision and, thus, the petitioner is entitled to the relief claimed by him. Mr. Chandel further contended that in terms of interim order passed by this court the petitioner has deposited about two lakhs rupees which may be adjusted by the bank towards the loan amount.

(3.) Learned standing counsel, Mr. Yadav, is unable to justify the action of the Collector, Varanasi, respondent No. 1, initiated on the basis of the certificate in question.