JAI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER before this Court claims to be the legal heir of one Pyare Lal. It is not in dispute that Pyare Lal had taken an agricultural loan of Rs. 3,50,000/- for purchase of a tractor. It is also not in dispute that the loan amount has not been paid and there was default in repayment. The petitioner challenges the recovery proceedings initiated in respect of the said outstanding loan amount on the ground that the proceedings have been initiated against a dead person as Pyare Lal has since expired in 2004. However counsel for the petitioner fairly stated that the petitioner is willing to pay the outstanding dues provided his claim for monetary benefit under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 floated by the Central Government is considered by the Bank and the balance is permitted to be paid in installments. To the stand so taken counsel for the Bank has no objection. In view of the aforesaid the present writ petition is disposed of by providing as follows : PETITIONER may make a representation in respect of his claim under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 along with a certified copy of this order, within two weeks from today. The claim of the petitioner shall be adjudicated within four weeks by the Branch Manager by means of a reasoned speaking order and complete statement of account shall be forwarded to the petitioner thereafter. The petitioner shall ensure payment of balance amount so determined in four quarterly installment. The first installment shall be paid on or before 31.08.2009 and thereafter in three equal installments of three months each. Initially till 31.08.2009, no coercive action shall be taken against the petitioner in terms of the recovery proceeding initiated and thereafter shall abide the fulfilment of the conditions as indicated above. In case of default in complying with any of the aforesaid conditions, petitioner shall not be entitled to the benefits of this order.