Heard.
The petitioner took an agricultural loan of Rs.1,70,000/- on 19.10.2004. It is said that he deposited an amount of about Rs.73,000/- and odd but could not deposit the remaining amount. One time settlement also appears to have been arrived at on 10.02.2010 under which he was required to deposit an amount of Rs.34,879/-. However, on account of the ailment of his wife who was suffering from Cancer and who ultimately died in the year 2015, even this amount could not be deposited, obviously because, the funds were utilized for the treatment of his wife. Now a demand of Rs.12,15,860/- plus interest plus collection charges is being raised by opposite party no.4 through citation issued on 04.12.2018 from the petitioner.
Though, normally this Court in exercise of its power under Article 226 of the Constitution does not interfere in recovery matters pertaining to recovery of agricultural loan but there are atleast two points which attract the attention of the Court i.e. firstly, for the principal amount of Rs.1,70,000/- now the amount which is sought to be recovered is more than Rs.12 lacs. The question is whether the principle of 'Dandupat' will apply to such recovery proceedings or not and secondly, the question to be considered is as to why the bank kept sitting over the matter so long and whether the recovery should have been made within a reasonable period so that a farmer would also be held liable for a reasonable amount and the same would not get enhanced to such an exorbitant amount as in this case.
In this regard the counsel for the petitioner relies upon a Division Bench Judgment of this Court in Special Appeal No. 821 of 2018. The counsel for the Bank seeks time to prepare the case in the light of the aforesaid and assist the Court on the next date of listing in this regard.
As the petitioner is 73 years old and his wife having died of Cancer and in view of the aforesaid questions framed by the Court, it is provided that if the petitioner deposits an amount of Rs.34,879/- as agreed upon between the parties in the year 2010, then only till the next date of listing the recovery proceedings shall remain stayed.
List this case as fresh on 07.01.2019.