PURNWASI Vs. COLLECTOR, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) THE prayer of the petitioner is to quash the recovery certificate dated 2.2.98 as contained in Annexure -4. Perusal of the recovery certificate shows that a sum of Rs. 95,840/ - is sought to be recovered from the petitioner out of which Rs. 75,000/ - is the principal amount, Rs. 14,590/ - is the simple interest and Rs. 6,250/ - is the penal interest. Further amount is also sought to be recovered.

(2.) ACCORDING to the petitioner he had taken loan of Rs. 75,000/ - in the year 1996 which was required to be re -paid in 10 years in 40 quarterly equal installments and that till date he had deposited a sum of Rs. 5,000/ - only through the then A.D.O. of Respondent No. 3 named Bhola Prasad Gupta, who, however, gave no receipt to the petitioner but the amount was entered in the ledger of Respondent No. 3.

(3.) WE failed to appreciate the contention of Mr. Shukla. Even assuming that the petitioner had made deposits, it was only Rs. 5,000/ -. This fact has to be asserted by the petitioner before respondent No. 3.