Jiyendra Nath Trivedi Vs State of U.P. Thru. Secy (Finance),Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Jiyendra Nath Trivedi Vs State of U.P. Thru. Secy (Finance),Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: respondent-Bank restrained from recovering Rs.1 lac or interest thereon from the petitioner; Additional Chief Secretary, Agriculture directed to decide and pay the amounts requested in letters dated 07.02.2024 and 28.02.2024 within six weeks, to be remitted to the respondent-Bank; Bank to issue a fresh statement of account for amounts other than Rs.1 lac/interest, payable by the petitioner within six weeks.

Issue for consideration

Whether the respondent-Bank can recover the amount of Rs.1 lac or interest thereon from the petitioner, notwithstanding the loan waiver scheme of 2007 and the earlier judgment dated 05.03.2024 in Writ-C No.6336 of 2022. +1 more

Court's answer

No amount of Rs.1 lac or any interest thereupon shall be recovered by the respondent-Bank from the petitioner.

Ratio / Principle

Recovery of the amount of Rs.1 lac lies in between the respondent-Bank and the State Government, irrespective of the Bank's communication to the Director Agricultural Statistics and Crop Insurance.

Key takeaways

The Additional Chief Secretary, Agriculture shall ensure that the amounts requested in the letters dated 07.02.2024 and 28.02.2024 are decided and paid within six weeks, and the said amount shall be remitted to the respondent-Bank.ratio¶12
It is reiterated that no amount towards Rs.1 lac or interest thereon shall be charged by the respondent-Bank from the petitioner; as regards other amounts, the Bank shall issue a fresh statement of account, which the petitioner undertakes to pay within six weeks.ratio¶13

Detailed headnote1 paragraphs

WRIT - C No. 3522 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Pankaj Bhatia, J., order dated 22.4.2025): Petition concerning recovery of Rs.1 lac by the respondent-Bank from the petitioner despite the loan waiver scheme of 2007 and an earlier judgment dated 05.03.2024 in Writ-C No.6336 of 2022. Held: no amount of Rs.1 lac or interest thereon shall be recovered by the Bank from the petitioner; recovery of that amount lies between the respondent-Bank and the State Government. The Additional Chief Secretary, Agriculture was directed to ensure that the amounts requested in letters dated 07.02.2024 and 28.02.2024 are decided and paid within six weeks and remitted to the Bank. For amounts other than Rs.1 lac and accrued interest, the Bank was directed to issue a fresh statement of account, which the petitioner undertook to pay within six weeks. Petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:22555

Court No. - 6

Case :- WRIT - C No. - 3522 of 2025

Petitioner :- Jiyendra Nath Trivedi Respondent :- State Of U.P. Thru. Secy (Finance),Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Pandey,Ranjeet Pratap Singh,Shashwat Bajpai Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the parties.

In terms of the order passed by this Court on 15.04.2025, learned Standing Counsel has produced the instructions, which are taken on record.

In terms of the said instructions, a letter has been written to the Additional Chief Secretary, Agriculture for the release of the subsidy amount, which was payable in the account of the petitioner in terms of the loan waiver scheme of the year 2007. It is stated that the decision has yet to be taken by the Additional Secretary, Agriculture and an assurance has been given that the decision shall be taken expeditiously.

Learned counsel for the petitioner draws my attention to the judgement dated 05.03.2024 passed by this Court in Writ-C No.6336 of 2022, wherein this Court had specifically directed that amount of Rs.1 lac, which is said to be due by the Bank from the petitioner shall not be realized on account of the loan waiver scheme and the respondent-Bank shall make necessary efforts to receive the said money from the State Government.

A stand has been taken by the Bank that a communication was addressed to the Director Agricultural Statistics and Crop Insurance. However, no amounts were received. Irrespective of the said communication, in terms of the judgement passed by this Court on 05.03.2024, the recovery of the amount of Rs.1

lac was in between the respondent-Bank and the State Government.

In view of the said instructions, the present petition is disposed of holding that no amount of Rs.1 lac or any interest thereupon shall be recovered by the respondent-Bank from the petitioner. The Additional Chief Secretary, Agriculture shall ensure that the amounts as requested in the letters dated 07.02.2024 and 28.02.2024 are decided and paid within a period of six weeks from today. The said amount shall be remitted to the respondent-Bank.

It is further reiterated that no amount towards the amount of Rs.1 lac or any interest thereupon shall be charged by the respondent-Bank from the petitioner. As regards the amount other than the amount of Rs.1 lac or the interest accrued thereupon, the respondent-Bank shall issue fresh statement of the account of the petitioner, which the petitioner undertakes to pay within a period of six weeks.

Order Date :- 22.4.2025

Ashutosh

Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench