RAJENDRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner claims to be a farmer. He has obtained loan for agricultural purposes. Petitioner seeks quashing of the recovery proceedings, which have been initiated by the respondent Bank vide recovery certificate dated 26.06.2008. The amount mentioned in the recovery certificate is Rs. 20,000/- with interest etc. Counsel for the petitioner submits that in terms of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 the petitioner is entitled to certain monetary benefits and the Bank may be required to consider the application made by the petitioner for the benefits under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 and the amount found due thereafter shall be paid by the petitioner in easy installments. Counsel for the bank submits that the application of the petitioner for grant of the benefits of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 shall be considered and appropriate order shall be passed within reasonable time. In view of the aforesaid, the present writ petition is disposed of by providing that the petitioner may make an application along with certified copy of this order within two weeks from today before the Branch Manager concerned, who shall consider the same and take appropriate decision strictly in accordance with the Agricultural Debt Waiver and Debt Relief Scheme, 2008, preferably within four weeks, thereafter. The amount found to be payable by the writ-petitioner thereafter shall be deposited in four quarterly installments. First installment may be paid by 31st July, 2009. Recovery proceedings against the petitioner shall remain in abeyance up to 31st July, 2009 at the first instance and shall thereafter abide the deposits, if made as per the direction issued above. If the deposits are made in terms of this order by the petitioner, he shall not be liable to pay any recovery charges. In case of default in compliance of any of the conditions mentioned above, the petitioner shall not be entitled to the benefits of this order and it shall be open to the respondent bank to recover the balance amount in accordance with law. With the aforesaid observations, writ petition is disposed of.