NAZIR AHMED RATHER Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner is seeking to quash Notice No.SFC/DOR/2015-16 dated 22.04.2015 issued by Branch Manager, State Financial Corporation, respondent No.5 herein, whereby the petitioner herein has been advised to clear the balance loan amount to the tune of Rs. 12,89,436.50 as on 15.01.2015 with up-to-date interest. Petitioner is also seeking to quash Communication No.SFC/DOR/2014-126 dated 13.08.2014 addressed by respondent No.5 to Tehsildar, Thanamandi, respondent No.4 herein, whereby the Tehsildar has been requested to identify the land falling under Khasra No.610, Khata No.338/229, Khewat No.39/35, situate at Village Behroot, Thanamandi, Rajouri, belonging to the petitioner, and demarcate the same so as to initiate recovery proceedings against the petitioner herein.

(2.) The facts as projected in the writ petition are that the petitioner had availed Rs. 7,29,000/- as term loan from J &K State Financial Corporation (hereinafter, for short, Corporation) for purchase of one Tipper on 29.12.2000. Accordingly, the petitioner executed Deed of Hypothecation in favour of Corporation and mortgaged his land, measuring 25 kanals 2.5 marlas, falling under Khasra No.610, Khata No.338/229, Khewat No.39/35, situate at Village Behroot, Thanamandi, Rajouri in favour of Corporation. It is averred that till January, 2015 the petitioner had paid Rs. 9,53,299/- and thereafter he made a request to respondent No.5 for settlement of his loan amount. However, respondent No.5 vide communication dated 01.04.2015 informed the petitioner that his request for settling the loan amount was not considered by the competent authority. Further, it is averred that thereafter respondent No.5 herein issued Notice No.SFC/DOR/2015-16 dated 22.04.2015, impugned herein, whereby the petitioner has been advised to clear the balance loan amount to the tune of Rs. 12,89,436.50 as on 15.01.2015 with up-to-date interest, failing which additional security would be auctioned. It is averred that respondent No.5 also issued Communication No.SFC/DOR/2014-126 dated 13.08.2014 to respondent No.4, impugned herein, requesting him to identify the land falling under Khasra No.610, Khata No.338/229, Khewat No.39/35, situate at Village Behroot, Thanamandi, Rajouri and demarcate the same so as to initiate recovery proceedings against the petitioner herein. Hence, the present writ petition.

(3.) It is averred in the petition that due to financial constraints the petitioner is not able to pay whole of the balance loan amount; however, he is ready to pay the principal amount if the respondents are ready to settle the same keeping in view the plight of petitioner.