AJAIB SINGH Vs. TEHSILDAR

JUDGEMENT

(1.) THIS writ petition is directed against notice dt. 22.05.1997 issued by the Tehsildar(Revenue), Raisinghnagar under the provisions of Rajasthan Agriculture Credit Operation(Removal of Difficulties) Act, 1974 (in short "the Act of 1974" hereinafter) whereby the petitioner has been directed to deposit an amount of Rs. 2,03,680/ - plus interest outstanding against the loan advanced by the respondent Bank.

(2.) THE validity of the notice is assailed by the petitioner primarily on the ground that before taking recourse to recovery proceedings through sale of immovable property, the Prescribed Authority was under an obligation to determine the liability after giving an opportunity to the petitioner to raise objections about the amount claimed to be due from him to the Bank.

(3.) A bare perusal of the proviso to Sub -section (1) of Section 13 goes to show that no order is envisaged to the detriment of agriculturist without affording adequate opportunity of hearing to the debtor unless the Prescribed Authority is firstly required to determine the liability of the debtor towards the bank on making an application. Any coercive method of recovery cannot be adopted by the Prescribed Authority, unless a notice calling upon the debtor to deposit the amount so determined is given and three months' time elapses thereafter without compliance of such notice. Apparently, it cannot be said that the powers conferred on the Prescribed Authority is uncanalised or unbriddled for taking recourse to recover dues of the bank by sale of immovable property of the judgment debtor.