WPMS/1616/2021
2021 Latest Caselaw 3100 UK

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                                      WPMS No.1616 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode)

Mr. Saurabh Kumar Pandey, Advocate for the petitioner.

Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand.

Mrs. Monika Pant, Advocate holding brief of Mrs. Prabha Naithani, Advocate for respondent no.3.

The petitioner to the present writ petition admittedly is a borrower, who was provided with the financial assistance by the respondent-bank in the year 2018-2019 for the purposes of procurement of a vehicle of Ashok Leyland Dost (Pickup carrying capacity of 15 quintal). As per the pleadings of writ petition, the petitioner after purchasing the said vehicle has leased out the same to one Mr. Faizan Ansari, who as per terms of their internal arrangement with petitioner, was also supposed to remit 19 monthly instalments, which was settled to be paid in terms of the loan agreement.

The loan agreement is not on record. On the contrary the counsel for the petitioner has made reference to a judgment rendered by the Coordinate Bench of this Court, where the recovery of an amount as arrears of land revenue, was held not to be, recoverable as arrears of the land revenue, until and unless the right to recover the said amount was resorted to under the terms of agreement, if it reserves the right of the bank to be recovered as arrears of land revenue under the provisions of Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972.

The petitioner has submitted in this writ petition; that if the recovery notice itself is taken into consideration, in fact he was called upon to file his response to the said notice on the date specified and in response thereto it the petitioner has already filed his objection on 23.07.2021. In that eventuality, at this stage, without venturing into the merits of the matter and with the consensus, which has been extended by respondent no.3-bank, this writ petition is being disposed of directing the Tehsildar to consider the objection of the petitioner dated 23.07.2021 and while taking a decision on the objection of the petitioner as referred above, he would also hear respondent no.3 and then take a decision on the same within a period of one month.

However, for a period of one month only no coercive measures would be taken against the petitioner in pursuance to the recovery citation dated 02.07.2021.

Subject to the above observations and limitations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 16.08.2021 Arti