- (1.) THE petitioners have challenged the proceedings for recovery of outstanding loan amount from them by the Rajasthan Gramin Bank Bhusawar before through the Sub Divisional Officer Weir under the provisions of the Rajasthan Agriculture Credit Operation (Removal of Difficulties) Act, 1974 and Rules, 1976 made thereunder.
(2.) COUNSEL for the petitioner submits that the proceedings initiated by the respondent Bank are vitiated on account having been initiated on the basis of notice to borrower Mawasi, who at the relevant time had already expired. It is further submitted that a single application was moved by the respondent Bank qua three different loan accounts pertaining to two borrowers which vitiates the entire recovery process. It is submitted that in this view of the matter, the recovery proceedings before the Sub Divisional Officer Weir against the petitioners are liable to be set aside. Heard learned counsel for the petitioners and perused the material available on record of the writ petition. To address the case set up by the petitioners, it is necessary to consider the loan agreement between the petitioners and the respondent Bank, which loan agreement is however not part of the writ petition. As far as notice to a dead person is concerned, it is on record in the writ petition that the petitioner No.2, the adopted son of Mawasi appeared before the SDO Weir and obviously no prejudice on account of notice to his dead father has been occasioned. Further, admittedly the property equitably mortgaged with the respondent Bank can be auctioned for recovery of the outstanding loan amount unless the petitioners can defend their case before the SDO Weir. In this view of the matter, rather than address the merits of the matter, I would direct the petitioners to approach the Sub Divisional Officer Weir, District Bharatpur and submit a detailed application in defence against the recovery proceedings. The application be filed within a period of seven days from the date of receipt of certified copy of this order. The Sub Divisional Officer Weir is expected to decide the application of the petitioners by a reasoned and speaking order within a period of two weeks thereafter. It is expected that till the decision by the Sub Divisional Officer Weir on the petitioner's application no coercive steps shall be taken against the petitioners. The writ petition and stay application stands disposed of accordingly.;