Aadhar Rastogi And Another vs State Of U.P. And 3 Others
2023 Latest Caselaw 19875 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:153032
 
Court No. - 6
 

 
Case :- WRIT - C No. - 25018 of 2023
 

 
Petitioner :- Aadhar Rastogi And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Suresh Kumar Maurya,Avesh Pratap Singh
 
Counsel for Respondent :- CSC,Dharmendra Vaish
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Suresh Kumar Maurya, learned counsel for the petitioner, Mr. Dharmendra Vaish, learned counsel for the respondent-Bank and learned Standing Counsel for the respondents-State.

This writ petition has been filed by the petitioner with a prayer to quash the Recovery Certificate dated 28.06.2023 issued by the respondent no.3 and a further prayer to direct the respondent bank not to take physical possession over the property which is mortgaged against the agricultural loan and a further prayer to direct the respondent-bank to accept the loan amount in easy installments within stipulated time.

Learned counsel for the petitioner submits that the recovery proceedings taken out under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 are beyond jurisdiction. The applicant had taken an agricultural loan. The loan comes within the ambit of Uttar Pradesh Agricultural Credit Act, 1973 (hereinafter referred to as "Agricultural Credit act"), therefore, the scheme of recovery under the Agricultural Credit Act is distinct from the mode of recovery prescribed under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972. In support of his contention, he has relied upon the judgment of the Co-ordinate Bench of this Court in the case of Manmohan Mishra vs. State of U.P. and 4 others decided on 29.09.2021 passed in Writ-C No.16344 of 2021. He, therefore, submits that the impugned recovery certificate is wholly illegal and liable to be set aside.

Learned counsel for the respondent-Bank as well as learned Standing Counsel does not dispute the aforesaid.

With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit.

In view of the settled legal position as detailed in Writ-C No.16344 of 2021 (Manmohan Mishra vs. State of U.P. and 4 others), the impugned Recovery Certificate dated 28.06.2023 as well as consequential proceedings are set aside.

It is open to the respondent No.4-bank to take out the fresh recovery proceedings as per the Uttar Pradesh Agricultural Credit Act, 1973 read with Uttar Agricultural Credit Rules, 1975, to recover its outstanding dues from the petitioner.

The writ petition is allowed to the above extent.

Order Date :- 31.7.2023

Jitendra/-