JAGDISHNARAYAN Vs. STATE OF M. P.

JUDGEMENT

(1.) BY this petition under Arts. 226 and 227 of the Constitution of India, the petitioner, a beneficiary of the M. P. Krashak Rin Rahat Yojna, 1990 prays for issuance of a writ quashing the notice dated 15.11.1992, issued by the Collector of the district, calling upon him to deposit the total amount of loan failing which his movables and immovables were liable to be attached for which orders under Sec. 14 of the M. P. Bhumi Vikas Bank Adhiniyam have already been obtained. The petitioner claims that as back as January, 1990 he was entitled to set off Rs. 10,000/ - in the matter of repayment of loan of which he is now being deprived of by the respondent.

(2.) A bunch of such petitions involving similar question of law have already been decided by a division Bench of this Court in M. P. No. 409/92 (Rughnath . v. The Deputy Registrar, Cooperative Societies and ors.) decided on 27.8.92. Although Shri Upadhyaya, learned Deputy Advocate General praying for time, opposed any relief being granted to the petitioner. The respondent No.2 Bank had filed a counter affidavit alongwith photostate -copies of the receipts and the notice issued and served on the elder brother of the petitioner, which bears his signature. Since large number of petitions invoving common question of law have been decided by a Division Bench of this Court, no useful purpose was going to be served by postponing the hearing of this petition for final hearing with the consent of the parties. A Division Bench of this Court in M. P. 409/92 decided on 27.8.92 has held as under: