Heard learned counsel for petitioner and Sri Sharad Tiwari, learned counsel for the respondent-bank.
With the consent of learned counsels for the parties, following order is passed :-
1. Since the respondent-bank has already recommended to waive the amount of KCC benefit upto Rs. 1,00,000/-, which is required to be decided by the District Level Committee under the Chairmanship of the Collector of the district, the petitioner may make a fresh representation to respondent no. 2, Chairman/President, District Magistrate, District Level Committee (DLC), Hardoi within a period of ten days from today annexing therewith copy of the present writ petition, its all annexures as well as certified copy of this order. In case such a representation is made, the respondent no. 2 shall consider and decide the claim of the petitioner within a period of four weeks from the date a certified copy of this order is placed before the it.
2. Out of the total amount of dues of Rs. 4,05,634/-, an amount of Rs. 1,00,000/- shall be adjusted (if approved) as per clause 1 of this order and out of the remaining amount of Rs. 3,05,634/- + interest accrued, the petitioner shall deposit an amount of Rs. 50,000/- within a period of six weeks from today. Thereafter, he shall deposit the remaining amount in eight equal quarterly installments with the interest accrued to be paid with the last installment, ending in two years.
3. In case of failure to deposit the first installment of Rs. 50,000/- within six weeks or in case of failure to pay any of the two consecutive installments, it shall be open for the respondent-authorities to recover the dues in accordance with law.
4. It is further provided that in case, the benefit of Rs. 1,00,000/- is given by the District Level Committee to the petitioner, the amount of Rs. 1,00,000/- shall be adjusted in the loan amount by the bank and in case, the said claim of the petitioner is rejected by the District Level Committee, the petitioner shall also deposit an amount of Rs. 1,00,000/ within the aforesaid period of two years.
With the aforesaid, the writ petition is disposed of.
Order Date :- 27.8.2019 Arti/-
(Vivek Chaudhary,J.)