Court No. - 42
Case :- WRIT - C No. - 17258 of 2021 Petitioner :- Atar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kunwar Janmejay Pratam Singh Counsel for Respondent :- C.S.C.,Rohit Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and Ms. Deepika Tiwari, learned counsel holding brief of Sri Rohit Pandey, learned counsel appearing for the respondent nos. 2 & 3.
Present petition has been filed with following prayer:-
"(i) Issue, a writ, order of direction in the nature of certiorari quashing the impugned recovery citation dated 10.02.2021, issued by the respondent no.5 i.e. Tehsildar, Sadar, District Rampur (as contained Annexure No. 3 to this writ petition).
(ii) issue a writ, order of direction in the nature of mandamus commanding & directing to respondent no. 2 to consider and decide the application of the petitioner dated 20.03.2021 (as contained Annexure No. 4 to this writ petition) within a stipulated period as fixed by this Hon'ble Court."
Learned counsel for the petitioner submitted that the petitioner falls within the purview of Agricultural Debt Waiver and Debt Relief Scheme, 2016 launched by the Ministry of Finance, Department of Finance Service, New Delhi but, even then the respondent Bank has issued recovery certificate against the petitioner in most arbitrary manner. He further submitted that a huge amount is being shown to be recoverable from the petitioner in recovery certificate and the petitioner has not been supplied the statement of account.
Learned counsel appearing for the respondent, Bank submits that all such grievances of the petitioner can be suitably considered by the respondent no. 4, U.P. Sahkari Gram Vikas Bank Limited Branch Rampur, District- Rampur, through its Branch Manager, at the fist instance.
Accordingly, present petition stands disposed of with liberty to the petitioner to file a fresh and detailed representation before respondent no. 4, U.P. Sahkari Gram Vikas Bank Limited Branch Rampur, District- Rampur, through its Branch Manager. In case, any such representation is filed within two weeks from today before the respondent no. 4 along with self- attested copy of this order, which may be verified from the official website of this Court, the respondent no. 4 may consider and decide the same on its own merits strictly in accordance with law preferably within a period of four weeks' from the date of filing of such representation.
It is further made clear that the representation of the petitioner may be decided by the respondent no. 4 by way of passing a reasoned and speaking order by recording specific finding as to whether the petitioner is covered under the said Debt Waiver Scheme launched by the Ministry of Finance or not and the manner of calculation of the amount due shall also be given with statement of account.
For a period of six weeks' or till the disposal of the representation filed by the petitioner, whichever is earlier, no coercive action shall be taken against the petitioner for recovery of the amount.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 29.7.2021 Aditya