MAHENDRA PAL Vs. MANAGER PRATHAMA BANK RAMPUR

JUDGEMENT

(1.) The petitioner. Mahendra Pal. received a loan of Rs. 4.000 on 14 December, 1985 from Prathama Bank, Branch Chandupura Seekampur, Tehsil Swar, district Rampur. The petitioner says that the loan was provided under a self-Employment Scheme for purchasing a Tanga-Ghoda, that is a hackney carriage. The petitioner did not return the loan at any stage nor the petitioner mentions in the writ petition that he paid a single paisa to discharge the loan. It is accepted that when the loan was taken, it was upon the faith that it would be discharged. Twelve years after the loan was taken, finding that the petitioner would not discharge it, the respondents took out proceedings to recover the loan as a public debt. On 2 June, 1997. a recovery certificate was issued requiring the petitioner to pay a sum of Rs. 21.986 plus other charges. The petitioner did not respond on this recovery certificate. Instead, he filed an application before the District Magistrate for quashing the recovery certificate. The District Magistrate declined to interfere with the recovery proceedings and by his order dated 21 August. 1998 rejected the request of the petitioner seeking waiver of the loan. This writ petition has been .filed to challenge the order of the District Magistrate declining to exempt the petitioner from discharging the loan.

(2.) The Court has heard learned counsel for the petitioner.

(3.) The Court is not inclined to issue a writ on this writ petition. When a loan is granted, it is on the faith that those who receive loans will discharge it. Learned counsel for the petitioner also submits that when the loan was granted, there was no Indication that in default the amount would be realised as a public debt by distress or attachment.