WPMS/509/2018
2021 Latest Caselaw 2124 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 29THDAY OF JUNE, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 509 of 2018
BETWEEN:
Mahak Singh                              ...Petitioner

     (None present for the petitioner)

AND:

District Magistrate, Haridwar
& others                                 ...Respondents

     (By Mr. Devesh Ghildiyal, learned Brief Holder)

                      JUDGMENT

1. Petitioner took agricultural loan from Bank of India, Branch Jhabhreda, District Haridwar. Since petitioner defaulted in repayment of loan, a recovery citation was issued against him. Thus, feeling aggrieved, petitioner has filed this writ petition.

2. A coordinate Bench of this Court vide order dated 27.02.2018 had granted conditional protection to the petitioner that if he deposits a sum of `50,000/- with the respondent bank within two weeks, then no recovery shall be made from him pursuant to the impugned recovery citation dated 12.01.2016.

3. Admittedly, petitioner took agricultural loan, therefore, he is bound to repay the principal amount as well as the amount of accrued interest. Thus, any interference with the recovery proceedings initiated against the petitioner by the bank would be unwarranted.

4. Even otherwise also, petitioner has enjoyed protection of the interim order passed by this Court on 27.02.2018 for more than three years and it is also not known whether petitioner had deposited the amount, as directed by this Court. Since petitioner is bound to repay the outstanding amount, therefore, there is no scope for granting the relief, as claimed in the writ petition.

5. Accordingly, writ petition is dismissed. No order as to costs. Interim order dated 27.02.2018 stands vacated.

(MANOJ KUMAR TIWARI, J.) Aswal