V.K.SHUKLA, J. - (1.) PRESENT writ petition has been filed for following reliefs, which are being quoted below: "(I) Issue a writ, order or direction in the nature of certiorari quashing the recovery proceedings against the petitioner pending before respondent No. 3 in pursuance of recovery application/ certificate dated 10.09.2007 (Annexure No. 2 to the writ petition). (II) Issue a writ or mandamus directing the respondent No. 4 and 5 to issue debt waiver certificate to the petitioner as provided under Agricultural Debt Waiver and Debt Relief Scheme-2008. (III) Issue a writ of mandamus directing the respondent No,. 5 to dispose of the application dated 12.08.08 filed by the petitioner."
(2.) BRIEF background of the case is that petitioner took loan for dairy purpose after mortgaging the property in question on 20.02.2003. The deed in question was signed by the petitioner and duly attested by witness Shyam Sunder. As per terms and conditions of the aforesaid deed, amount in question (i.e. Rs.1,00,000/-) was advanced by way of loan. The terms of the deed were also clear and categorical. The factual position which emerges in the present case is that the amount which was to be refunded had not been refunded and for the said purposes notice had been given by the Branch Manager of U.P. Sahkari Gram Vikas Bank Ltd. Branch Jasra, District Allahabad. As the amount in question was due, as such for recovery of the amount, the Banch Manager requested the District Assistant Registrar, Allahabad to get the amount in question recovered. Thereafter, as to whether the said position was correct or not, qua the same verification proceedings were undertaken by the District Assistant Registrar, and after recording full satisfaction that the amount was due, the District Assistant Registrar referred the matter to the Collector. Thereafter, the Collector passed an order that all over dues may be recovered as arrears of land revenue. Pursuant to the aforementioned directives, Tehsildar concerned has proceeded to press the recovery proceedings, for which notice had been issued fixing 20.12.2007. Thereafter, present writ petition has been filed with the prayers quoted above. Sri Jagannath Singh, learned counsel for the petitioner, contended with vehemence that in the present case amount in question could not have been recovered as has been sought to be done in the present case, as such recovery proceedings are bad, and coupled with this under Agricultural Debt Waiver and Debt Relief Scheme-2008, petitioner's claim is entitled to be considered for exemption, as such writ petition deserves to be allowed.
(3.) COUNTERING the said submission Sri Shiv Nath Singh, Advocate, contended with vehemence that in the present case admitted position is that in lieu of mortgaging his land, the loan amount had been advanced to the petitioner, and once the loan amount has not been repaid, then it has been sought to be contended that recovery proceedings are being pressed strictly in accordance with law. As far as consideration of claim under Agricultural Debt Waiver and Debt Relief Scheme-2008 is concerned, it has been contended that it can always be done.;