SWAMI SARAN Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER challenges the notice dated 03.01.2009 whereunder the amount due towards the agricultural loan obtained by the petitioner has been demanded. It is contended that the monetary benefits under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 have not been provided for qua the loan obtained by the petitioner and, therefore, the recovery is illegal. Counsel for the Bank submits that in case an application is made by the petitioner for loan waiver under the Scheme of 2008, the same shall be considered by the Branch Manager. In view of the aforesaid this writ petition is disposed of with liberty to the petitioner to make an application before the Branch Manager concerned, within two weeks from today, along with a certified copy of this order claiming benefits of Scheme of 2008. On such an application being made, the Branch Manager shall consider the same and take appropriate decision, strictly in accordance with the Agricultural Debt Waiver and Debt Relief Scheme, 2008, shall be taken preferably within four weeks, thereafter. Initially for a period of six weeks no coercive action shall be taken qua the outstanding dues. However after the benefit of Scheme of 2008 if applicable is granted, the petitioner will deposit the outstanding amount so disclosed in four quarterly installments of three months each, the first being payable by 08.08.2009. In case of default petitioner shall not be entitled to the benefits of this order.