Court No. - 36
Case :- WRIT - C No. - 26367 of 2021 Petitioner :- Amit Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.P.S. Chauhan Counsel for Respondent :- C.S.C.,Yashwant Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Yashwant Singh, learned counsel for the respondent-Bank.
The present petition has been filed for quashing the impugned recovery citation dated 7.8.2021 issued by the respondent no.3 Tehsildar Chandausi, District Shambhal.
Learned counsel for the petitioner submitted that impugned recovery citation has been issued against the three loans out of which first loan i.e. Kisan Credit Card and second loan i.e. agricultural loan have been taken by the petitioner whereas third loan was taken by his deceased father. In recovery certificate, two amounts are mentioned, first amount is Rs. 32,95,464 which includes both the loans taken by the petitioner whereas second amount is Rs. 29,86,908/- which was taken by his deceased father. During his lifetime, father of petitioner executed a will deed in favour of petitioner's son and wife. After his death, same was also mutated in their favour and petitioner has not inherited any property from his deceased father. Therefore, he is not responsible for payment of second loan amount i.e. Rs. 29,86,908/- mentioned in recovery certificate and for that responsibility may be fixed against the persons, who have inherited the property. He next submitted that so far as first loan amount is concerned i.e. Rs.32,95,464/-, he has already deposited Rs. 15,58,400/- in the bank and for remaining amount, he is ready to deposit in four quarterly installments.
Learned counsel for the respondent-bank has not disputed the aforesaid facts and submitted that considering this fact that petitioner has not inherited any property, fresh letter about the outstanding dues has been issued on 8.10.2021 to the petitioner. He further submitted that Bank has no objection in case petitioner deposits first installment of Rs. 5 lakhs upto December, 2021. The letter dated 8.10.2021 is taken on record.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in four quarterly installments.
(ii) The first installment shall be deposited by 31.12.2021 and the rest of installments shall be deposited at intervals of three months thereafter. These deposits shall be made with the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertakes not to challenge.
(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(v) Property (agricultural land/tractor) belonging to the petitioner, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has already been auctioned) after deposit of first installment. However, unless the property has already been auctioned, no third property right shall be created by the petitioner in either mortgaged or hypothecated property till entire bank dues are cleared.
(vi) If the installments are deposited as per the schedule fixed in this order, the recovery of collection charges would remain in abeyance till such time the Collector takes a decision and determines the collection charges/fee payable as per the legal provisions and in the light of Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB). Upon determination of collection charges/fee the Collector will communicate the same to the petitioner upon which the petitioner would either deposit the same within a period of 30 days or, if not satisfied, would be at liberty to assail the same in appropriate proceedings.
It is made clear that no recovery shall be made from the petitioner so far second loan amount mentioned in recovery certificate i.e. Rs. 29,86,908/- and for which separate recovery proceedings may be initiated against the petitioner's son and wife in accordance with law.
Order Date :- 25.10.2021 Junaid