BHADAI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri A. P. Singh (Vishen), learned counsel for the petitioner and Sri B. L. Verma for the opposite party No.4 (Bank) while notice on behalf of opposite party Nos. 1, 2 and 3 has been accepted by learned Chief Standing Counsel. The petitioner has challenged the recovery proceedings initiated against him by the opposite parties including the recovery certificate and also the consequential citation dated 7.2.2009, annexed as annexure No.1 to the writ petition. The case of the petitioner is that he belongs to scheduled caste (Chamar) community and is a poor man of very meagre means. He is a marginal farmer having less than one hectare of agricultural land. He had obtained loan of Rs.10500/- some time in the year 1992. The above loan was subject to subsidy to the extent of 50 per cent from the Government of Uttar Pradesh for the purpose of boring and purchase of diesel engine pump set. The petitioner alleges that no interest can accrue on such a loan and the facility of debt relief was also not given to the petitioner. The petitioner submits that after almost 17 years, suddenly the petitioner was served with a citation dated 7.2.2009 issued by Tehsildar, Sadar, District- Gonda to pay the recovery dues. Learned counsel for the petitioner has argued that such a recovery could not be made after a lapse of 17 years. Petitioner has placed reliance on a case decided by this Court reported in 2008(26) LCD 262 (Baldev Singh Versus State of U.P. and others). On question being put to learned counsel for the Bank as to how recovery is being made after 17 years against all the provisions of limitation, he sought time to seek instructions on the next day. Time was granted twice but no satisfactory answer has come forward. Learned counsel for the respondent-Bank prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. List immediately after five weeks. Meanwhile, the operation and implementation of the impugned recovery citation dated 7.2.2009, annexed as Annexure No.1 to the writ petition, shall remain stayed.