SHIV LAL Vs. SUB DIVISIONAL OFFICER KATHUMAR

JUDGEMENT

(1.) THE admitted facts of the case are that the petitioner availed two agricultural loans one for the purchase of tractor in an amount of Rs.3,50,000/- on or about 12-5-2007 and the other on a Kisan Credit Card Scheme for an amount of Rs.1,50,000/- on 18-5-2007 from the respondent Bank. The petitioner's agricultural land khasra Nos.227/620 measuring 0.24 hectare, 233/621 measuring 0.36 hectare, 234 measuring 0.01 hectare, 236/622 measuring 0.40 hectare, 258/623 measuring 0.28 hectare, 431/615 measuring 0.79 hectare, 432/616 measuring 0.25 hectare, 446/677 measuring 0.51 hectare, 684/618 measuring 0.48 hectare, 485/619 measuring 0.32 hectare total rakba 10 admeasuring 3.11 hectare situated at village Ishrota Tehsil Kathumar District Alwar were mortgaged with the respondent Bank as collateral for the security of the loan advanced and contracted rate of interest thereon. The petitioner defaulted in his obligation to repay the loan along with the contracted rate of interest thereon consequent to which the respondent bank initiated proceedings for recovery of outstanding amount Rs.7,59,795/- plus interest and recovery charges. For this purpose the respondent Bank applied before the Sub Divisional Officer Kathumar District Alwar under the provisions of Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974 (herein after the Rs.1974 Act') by issue of a certificate of recovery and sought recovery of the outstanding amounts plus future interest and other charges by way of sale of mortgaged property of petition.

(2.) IT appears that the SDO Kathumar under the provisions of 1974 Act after adopting the statutorily prescribed procedure issued notification for auction of agricultural land of petitioner mortgaged with the Bank. The auction was held on 27-2-2012, which as per the say of the counsel for the petitioner was not successfully concluded.

(3.) IT is directed that if the representation is filed by the petitioner within a period of one week from the receipt of a certified copy of this order, the respondent Bank shall address the same by a reasoned and speaking order within two weeks thereafter.