Court No. - 37
Case :- WRIT - C No. - 26130 of 2020 Petitioner :- Durgpal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner, learned counsel for respondent and learned Standing Counsel for the State respondents.
By this writ petition, the petitioner has prayed for quashing impugned notice/demand notice dated 17.8.2020 of Rs. 12,98,528/-, alongwith the cost of notice Rs. 400/-, issued by respondent No. 3.
Petitioner had taken a agriculture loan of Rs. 7,81,000/- from the respondent bank on 28.5.2019 for develop his agricultural crops but due to some reason, the same could not run efficiently. Due to default being committed by the petitioner, notice/demand notice dated 17.8.2020 of Rs. 12,98,528/-, alongwith the cost of notice Rs. 400/-, has been issued by respondent No. 3.
Learned counsel for the petitioner submits that the State Government has already floated a scheme for waiver of agricultural loan of Rs.1 Lac of small and marginal farmers. The petitioner is ready to deposit the entire amount within the time fixed by this Court.
Learned counsel appearing for the bank states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposit the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.
On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:
1) The petitioner shall deposit an amount of Rs. 2 lacs within three weeks. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in five equal quarterly installments.
2) First installment to be paid on or before 6.3.2021 and thereafter within every three months. The amount shall be deposited by the petitioner in the bank. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.
3) In case the petitioner is covered under the Scheme in question for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.
Order Date :- 6.1.2021 Akbar