Disposed

Ram Das v. Uttar Bihar Kshetriya Gramin B

Patna HC2 Jul 2014CWJC/14718/2008

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging recovery proceedings initiated against the petitioner for an agricultural loan. The Court directed the petitioner to file an objection under Section 9 of the Bihar Public Demand Recovery Act to trigger a computation of the loan dues.

What did the court decide?

The petition was disposed of; the petitioner was directed to file an objection under Section 9 within one month for computation of dues.

Ram Das Vs Uttar Bihar Kshetriya Gramin B — Banking and Recovery | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14718 of 2008

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====================================================== Ram Das, son of Bhuneshwar Das, resident of Village Baksanda, P.S. Parsa, Dist. Chapra (Saran).

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.... .... Petitioner/s

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Versus

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1. Uttar Bihar Kshetriya Gramin Bank through its Chairman having its Head Office at Kalabagh Chouk Muzaffarpur, Dist. Muzaffarpur.

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The Chairman, Uttar Bihar Kshetriya Gramin Bank, Kalambagh Chouk, Muzaffarpur, Dist.- Muzaffarpur.

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The Managing Director, Uttar Bihar Kshetriya Gramin Bank Kalambagh Chouk, Muzaffarpur, Dist. Muzaffarpur.

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The Controlling Officer, Utter Bihar Kshetriya Gramin Bank, Controlling Office, Dahiyawa, Chapra.

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The Manager, Uttar Bihar Kshetriya Gramin Bank, Bheldi, Dist. Chapra.

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The Manager, Uttar Bihar Kshetriya Gramin Bank Bheldi, Dist. Chapra.

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The Field Officer, Uttar Bihar Kshetriya Gramin Bank, Bheldi, Dist. Chapra.

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The Certificate Office, Saran, Dist. Chapra (Saran). .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Murari Mishra, Adv. For the Respondent/s : Md. Raisul Haque, GP-5 Mr. Prabhakar Jha,

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====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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3 02-07-2014 The prayer of the petitioner in this writ application

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reads as follows:-

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“(I) For quashing the entire proceeding of Certificate Case No. 8/07-08 initiated against the petitioner for recovery of Rs. 4,57,449/-.

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(II) For a direction to the respondents concerned to waive the amount of loan taken by the Petitioner in the light of the decision taken by the Union Govt. by which the Union Govt. has waived the agricultural loan of the farmers.

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(III) For direction to respondents concerned to issue no

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Patna High Court CWJC No.14718 of 2008 (3) dt.02-07-2014

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dues certificate to the Petitioner after waiving the loan in the light of the Union Govt. Decision.” Admittedly a certificate case is pending against the petitioner being Certificate Case No. 8/2007-08 for realization of Rs. 4,57,449/- which is the loan amount against the petitioner.

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The plea of the petitioner is that the entire loan amount has been waived by the Government of India and, as such, he is not liable to pay any amount against the loan.

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In the counter affidavit, it has been sought to be explained that the waiver of the loan was not on all the heads of the agriculture loan but, only to a limited extent. Paragraph nos.9 & 10 of the counter affidavit in this regard reads as follows:-

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“9. That the statements made in paragraph nos. 6, 9, 11 are wrong hereby denied. However that the only over dues till 31^st March of 2007 against the Loan amounts of the petitioner has been waived and same has already been deposited in his accounts which was due against the petitioner.

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10. That under Govt. of India Loan Waiver/Relaxation Scheme 2008 petitioner being small farmer and has got benefit of Tune Rs. 1,62024/- Tractor loan. Tune Rs. 61,931/- K.C.C. – Loan

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Tune Rs. 22,195/- M.S. T.P. – Loan

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It is clear from bare perusal of Annexure-5

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to 7 of Supplementary affidavit filed by the petitioner.”

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This Court, therefore, has not been made aware either

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by the petitioner or the respondents that the sum of Rs. 4,57,449/-

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Patna High Court CWJC No.14718 of 2008 (3) dt.02-07-2014

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includes or excludes the amount of waiver given by the Government of India.

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Be that as it may, since a certificate proceeding is pending against the petitioner, he has all the rights to raise this issue by filing an objection under Section 9 of the Bihar Public Demand Recovery Act and, if he does so, the same shall be decided by the Certificate Officer, after getting a complete computation of the loan dues from the concerned bank.

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This exercise must be completed by the Certificate Officer within a period of one month from the date of filing of an objection/supplementary objection under Section 9 by the petitioner.

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With the aforementioned observation and direction,

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this application is disposed of.

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(Mihir Kumar Jha, J)

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Rishi/-

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Ram Das v. Uttar Bihar Kshetriya Gramin B

Case brief

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Ram Das v. Uttar Bihar Kshetriya Gramin B

Case brief

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