Court No. - 39
Case :- WRIT - C No. - 37694 of 2019 Petitioner :- Keshav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhakar Singh Counsel for Respondent :- Brahmanand Singh,C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had availed of Crop Loan in the year 2009. It appears that on account of non-payment of loan amount, a recovery certificate of a sum of Rs. 1,41,932/- is issued against him which is impugned in this petition.
The recovery citation is assailed on the ground that no amount is due and payable to petitioner as petitioner would be entitled to benefit/ waiver of loan under the Crop Loan Waiver Scheme launched in the year 2017. It is also stated that the representations made in that regard are not being examined and the authorities are coercively attempting to recover the loan amount.
Sri B.N. Singh, learned counsel appearing for the respondent- bank states that the claim of the petitioner would not be covered under the Crop Loan Waiver Scheme.
The waiver scheme has been produced before the Court. Prima- facie, the scheme would cover all cases of Crop Loans where the loan had been availed prior to 31.3.2016 and the amount payable is not returned. The grievance of the petitioner, therefore, is required to be examined with reference to the provisions contained in the aforesaid scheme of 2017.
This petition, therefore, stands disposed of by permitting the petitioner to represent his grievance before the District Magistrate, Ghazipur. Petitioner shall annex all materials in support of his claim together with certified copy of this order within a period of three weeks from today. In case such a claim is raised, the District Magistrate concerned, after hearing the bank, would pass an appropriate order within a period of two months thereafter If any amount is found due and payable thereafter, it would be intimated to petitioner and he shall deposit the same in four equal quarterly instalments.
For a period of three months, no recovery would be made from the petitioner. It shall, however, be open for the bank to proceed in case the amount is not paid in terms of the liberty granted for repayment of amount in instalment.
Order Date :- 28.11.2019 n.u.