- (1.) By this writ petition, the Petitioner has prayed for quashing the citation dated 8.11.2010 for recovery of amount of Rs. 1,31,875/ - as well as recovery certificate dated 15.10.2007 in so far as it relates to the Petitioner (Annexure-6 to the writ petition). Short counter-affidavit and short supplementary counter-affidavit have been filed by the Respondent No. 1 to which rejoinder affidavit has also been filed by the Petitioner.
(2.) Brief facts, which emerged from pleadings of the parties are; the Petitioner was sanctioned a loan of Rs. 73,'000/- on 20.1.2001 by Respondent No. 1 for purchase of tempo. The Petitioner deposited an amount of Rs. 11,925/- on 29.10.2001 and Rs. 6,166/- on 7.6.2002 towards repayment of loan. No further amount was paid by the Petitioner hence, the Respondent No. 1 made application to the District Assistant Registrar, Cooperative Societies, Allahabad for issuance of certificate under Section 95-A(1) of U.P. Cooperative Societies Act, 1965 for recovery of an amount of Rs. 1,31,875/- from the Petitioner. District Assistant Registrar issued recovery certificate dated 15.10.2007, which certificate contained the name of the Petitioner also. On the basis of recovery certificate issued by the District Assistant Registrar, a citation dated 8.11.2010 has been issued by the Tahsildar for recovery of amount of Rs. 1,31,875/-. The Petitioner by this writ petition has challenged the aforesaid recovery certificate and citation.
(3.) Learned Counsel for the Petitioner in support of the writ petition, raised following submissions. i. Sections 15 and 16 of the U.P. Sahakari Gramin Vikas Bank Act, 1964 and Rule 45 of U.P. Sahakari Gramin Vikas Bank Rules, 1971 provides a procedure for recovery of loan, which procedure having not been followed for recovery, the action of the Respondents in issuing recovery certificate under Section 95-A is illegal. When procedure has been prescribed under the Act and Rules, any other mode or manner of recovery is prohibited. Learned Counsel for the Petitioner in support of his above submission, placed reliance on judgments of this Court in Wakf Alu-Allah Kayam Karida-Ahmad Ullah Khan Sahab, Wakf Baratu through Riaz Uddin Tailar v. Balak Singh,1968 RevDec 187, Brij Bahadur Lal v. Dy. Director of Consolidation, U.P. and Ors.,1968 RevDec 57, Abdul Wahid Khan and Ors. v. Dy. Director of Consolidation, Jaunpur and Ors.,1969 RecDec 79, Durga Prasad v. Board of Revenue U.P. and Ors., Full Bench judgment of this Court in Smt. Sharda Dew v. State of U.P.,2001 ACJ 1167. The judgment of the apex Court in A.R. Antulay v. Ramdas Sriniwas Nayak, 1984 AIR(SC) 718. ii. Section 95-A of U.P. Cooperative Societies Act, 1965 is not applicable with regard to loan sanctioned by U.P. Sahakari Gramin Vikas Bank since the bank is neither an agricultural credit society nor a society referred to in Section 34 of the U.P. Cooperative Societies Act, 1965.;