Petitioner challenged attachment of land due to dues on Kisan Credit Card. Court provided opportunity to repay entire amount within four months, forbidding immediate coercive action if paid.
No coercive action if petitioner pays the entire amount within four months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B.Civil Writ Petition No. 3945 / 2016
Kanhaiya Lal S/o Shri Ramkumar Sharma, by-caste Brahmin, aged 75 years, R/o Village Mahluni, Post Badiyal Khurd, Tehsil Baswa, District Dausa.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Shri S.S. Hansari
For Respondent(s) : Shri C.P. Sharma
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Order
04/01/2017
This writ petition has been filed by the petitioner challenging the attachment notice dated 1.2.2016 and prayed for its quashment and also with the further prayer to release his land from attachment and to direct the respondents to provide opportunity to the petitioner to repay the due amount in affordable installments.
This Court by order dated 29.3.2016 while issuing notices of the writ petition, required the petitioner to deposit Rs.50,000 within one month.
Shri S.S. Hansari, learned counsel for the petitioner submitted that the petitioner has deposited the amount of
(2 of 2)
[CW-3945/2016]
Rs.50,000 and that reasonable time may be granted to the petitioner to deposit the remaining amount.
Shri C.P. Sharma, learned counsel for the respondents submitted that petitioner entered into a compromise with the respondent before the Lok Adalat on 8.3.2015 whereby it was agreed that petitioner shall pay total sum of Rs.2,25,000 to the respondent no.3-UCO Bank within two months. Since he has deposited the amount of Rs.50,000, the due amount still remains against the petitioner was Rs.1,56,067.23 as on 1.4.2016 and if the amount of interest is added thereto for the subsequent period, this amount would further enhance. It is contended that this was not the amount of loan but C.C. limit was provided to the petitioner in his account and, therefore, it cannot be allowed to be paid in installments. Therefore, petitioner has to make payment of entire amount at one go.
Having heard the learned counsel for the parties and perused the material on record and considering that petitioner has availed the amount of loan against Kisan Credit Card, reasonable opportunity of making payment along with due interest should be provided to the petitioner. If the petitioner shall make payment of entire amount within four months from today, no coercive action shall be made against the petitioner. Upon failure of the petitioner to do so, the respondents would be free to proceed in accordance with law.
The writ petition is disposed off.
(MOHAMMAD RAFIQ)J.
RS/112
2 issues framed by the court
Whether petitioner should be allowed reasonable time to repay the dues against Kisan Credit Card pending attachment.
Whether petitioner can be granted opportunity to pay the due amount in installments.
Kanhaiya Lal S/o Shri Ramkumar Sharma
Sub Divisional Officer, Bandikui
Tehsildar, Tehsil Baswa
UCO Bank, Branch Bandikui
Mohammad Rafiq
As recorded by the court registry
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