D.K.Seth, J. - (1.) The petitioner has filed a suit challenging the recovery sought to be made by the bank. Though details or particulars of the recovery challenged in the suit has not been disclosed either in the plaint or in this application, but from Annexure-2 to this position, it appears that the recovery was undertaken by the Collector under the provisions of the U. P. Zamindari Abolition and Land Reforms Act, on a certificate being forwarded to him under Section 11A of the U. P. Agricultural Credit Act. 1973. Admittedly one other recovery has been challenged by the petitioner by means of a writ petition, which is pending.
(2.) Mr. C. B. Yadav, learned counsel for the petitioner contends that the present recovery is different from that which is involved in the said writ petition. In the said writ petition, the charging of compound interest has been challenged. In the present case, the respondent had also charged interest at the compound rate which cannot be charged. The petitioner has also deposited major part of the amount. Therefore, upon challenging the recovery, he had filed an application for stay of recovery in the suit. The said application has since been dismissed by order dated 22.9.1998, against which Misc. Appeal No. 70 of 1998 was preferred. The same was also dismissed by order dated 30.7.1999 passed by the learned District Judge, Varanasi. These order dated 22.9.1998 passed by the learned civil Judge. Junior Division, Hawali, Varanasi in Original Suit No. 802 of 1998 and the order dated 30.7.1999 passed by learned District Judge, Varanasi in Misc. Appeal No. 70 of 1998 have since been challenged in this writ petition.
(3.) Admittedly the question as to whether the bank can impose interest at the compound rate can very well be agitated in the pending writ petition. At the same time, a civil suit cannot be maintained in respect of proceeding initiated under Section 11A of the U. P. Agricultural Credit Act through the procedure provided under the U. P. Zamindari Abolition and Land Reforms Act, by reason of Section 330 (c) of the U.P.Z.A. and L.R. Act.;