MAHESH DUTT SHUKLA Vs. COLLECTOR D M BARABANKI

JUDGEMENT

(1.) THE petitioner has taken loan for agricultural purposes for a sum of Rs. 3,48,000/- and in the meantime the bank informed the petitioner that under the Agricultural Debt Waiver and Debt Relief Scheme 2008 of the Central Government, 25% of the loan amount shall be borne by the Government and rest of the 75% amount has to be paid by the petitioner in terms of one time settlement for which the petitioner was supposed to file an affidavit and was required to deposit the balance in three installments falling due on 30.09.2008, 31.03.2009 & 30.06.2009 respectively. Pursuant to the aforesaid offer the petitioner submitted his affidavit and deposited a sum of Rs. 29,000/- on 20.09.2008 however before the due date of second installment i.e. 31.03.2009, the petitioner was issued a Recovery Certificate and the Tehsildar is proceeding to recover the said amount as arrears of land revenue. THE petitioner further states that a property worth of Rs. 12,00,000/- has already pledged with the bank, therefore, the entire loan amount is secured with the Bank. THE petitioner prays for, at the moment, that he may be allowed some time and some installments be fixed for payment of his dues. THE petitioner states that he is ready to deposit 50% of the outstanding amount within a period of one month from today and the remaining amount in three equal installments of two months each. THE last date for deposit of 50% amount as agreed by the petitioner would be 04.07.2009 and if the petitioner fails to deposit the first installment as per the direction of this Court, this order shall be considered to have been vacated. Subject to the aforesaid direction the recovery pursuant to the Recovery Certificate dated 10.04.2009 shall remain stayed. Subject to the aforesaid observation, the writ petition is disposed of finally.