- (1.) The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, for issuance of a writ in the nature of mandamus, directing the respondent to hand over the possession of the seized tractor to the petitioner.
(2.) The petitioner is an agriculturist who availed agricultural loan of Rs.7,74,000/- (Rupees seven lakhs seventy four thousand only) for purchase of Tractor in November 2005. The loan was to carry interest @ 9% per annum and was to be repaid in 9 years. The petitioner was to pay a sum of Rs.15,000/- (Rupees fifteen thousand only) quarterly. To secure the loan, the petitioner mortgaged land measuring 7 acres and 15 cents valued at Rs.20,00,000/- (Rupees twenty lakhs only). The petitioner paid the instalments regularly till the year 2010.
(3.) In view of the loss suffered by the petitioner due to heavy rain and other natural calamities, the petitioner could not repay the loan amount regularly after 2010. The petitioner against the total payable amount of Rs.2,40,000/- (Rupees two lakhs forty thousand only) paid a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only).;