RAM DHANI SETH Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2006-1-327
HIGH COURT OF ALLAHABAD
Decided on January 06,2006

Ram Dhani Seth Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Dilip Gupta, J. - (1.) This writ petition has been filed for quashing the citation dated 21.2.2000 issued by the Tehsildar and for a direction upon the respondents not to charge the penal rate of interest from the petitioner.
(2.) The record of the writ petition reveals that the petitioner has taken a loan of Rs. 1, 00,000/- from the Union Bank of India for establishing a Handloom Centre. The petitioner also took the cash credit facility to the limit of Rs. 4,00,000/- from the said Bank. The petitioner established the Handloom Carpet Unit and repaid the loan amount of Rs. 1, 00,000/- but became a defaulter to the extent of Rs. 3,81, 344/- in respect of the cash credit facility. Accordingly, the petitioner was served with a legal notice to pay the aforesaid amount. However, the petitioner did not pay the amount as a result of which recovery certificate was sent by the Bank to the Tehsil authorities for recovery of the amount due as arrears of land revenue and upon receipt of the recovery certificate, the Tehsildar issued the citation dated 21.2.2000 requiring the petitioner to deposit Rs. 4,19,439/- along with other incidental charges by 6.1.2000. It is this citation, which has been challenged by the petitioner on the ground that the loan was not advanced under any Government Scheme and, therefore, the same could not be recovered as arrears of land revenue.
(3.) We have heard the learned counsel for the petitioner and have perused the materials available on record.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.