SUCHHA SINGH Vs. TEHSILDAR (REV.) RAISINGHNAGAR & ANR

JUDGEMENT

(1.) The petitioner who is an agriculturist, had obtained a loan of Rs.84,600.00 on 31.8.1987 for the purchase of Mahendra Tractor which was to be repaid in 14 half yearly instalments with interest prescribed by the Reserve Bank of India commencing from July, 1988.

(2.) The petitioner has stated that he had repaidan amount of about Rs.1,00,000.00 upto Dec., 1997 and he could not pay the remaining amount due to natural calamities which had destroyed his crops. The respondent bank without serving any notice upon the petitioner, is stated to have approached the Tehsildar under the Rajasthan Agricultural Credit Operation (Removal of Difficulties) Act, 1974. The Competent Authority under the aforementioned Act vide Order dated 21.7.1998 directed the auction of the tractor of the petitioner.

(3.) The Counsel for the respondent has submitted that a perusal of the order-sheet of the Competent Authority dated 2.9.1998 would reveal that notice was duly served upon the petitioner before passing the impugned order.