Mahaveer Prasad vs Prescribed Authority Revenue And ...
2023 Latest Caselaw 8403 Raj

[2023:RJ-JD:34465]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Writ Petition No. 121/2001

Mahaveer Prasad
                                                                            ----Petitioner
                                        Versus
Prescribed Authority Revenue And Ors
                                                                        ----Respondent


For Petitioner(s)              :    None present.
For Respondent(s)              :    Mr. J.K. Chanda.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                         Order

11/10/2023

1.    The matter is listed in the category of 'oldest cases for early

disposal'.

2.    The present writ petition has been preferred claiming the

following reliefs:-
           "a/ That by an appropriate writ, order or direction
      the impugned order Annexure P.2 dated 27.6.96 as
      well as the order dated 3.1.2000" (Annexure P. 3) may
      kindly be quashed and set aside.
             b/ That the Respondents may kindly be directed
      to determine the amount in accordance with the
      circulars issued by the RBI and the judgment of the
      Hon'ble Apex Court rendered in Corporation Bank Vs.
      D.S. Gowda & Anr. reported in (1994) 5-S.C.C. page -
      213.
             c/ That the Respondents may kindly be directed
      not to compound and levy the interest half yearly basis
      and    to      adjust   the     amount        already          paid   by   the
      petitioner."




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                                    [2023:RJ-JD:34465]                   (2 of 2)                    [CW-121/2001]



                                   3.    The proceedings for recovery were going on in pursuance of

                                   notice dated 27.06.1996 (Annex.P/2) and notice dated 03.01.2000

                                   (Annex.P/3), but an interim order was passed by this Court on

                                   19.04.2002, which is continuing for last 21 years.

                                   4.    In the interest of justice and looking into the long pendency

                                   as well as the agricultural loan in question, the present petition is

                                   dispose of, while quashing the proceedings arising out of the

                                   notice dated 27.06.1996 (Annex.P/2) and notice dated 03.01.2000

                                   (Annex.P/3), the Tehsildar is directed to initiate fresh proceedings

                                   strictly in accordance with law for the recovery in question by

                                   taking into account the stand of the petitioner.

                                   5.    All pending applications, if any, also stand disposed of.



                                                                (DR. PUSHPENDRA SINGH BHATI), J.

16-Jitender/-

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