Apr - High Court of Judicature at Allahabad

1 All Harish Chandra V. U.P. Sahkari Gram Vikas Bank Ltd. and others 485
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 the
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 reported in 1965
R.D. 327, Wakf Alu-Allah Kayam
Karida- Ahmad Ullah Khan Sahab,
Waqf Baratu through Riaz Uddin
Tailar Vs. Balak Singh, 1968 R.D. 187,
Brij Bahadur Lal Vs. Dy. Director of
Consolidation, U.P. & others, 1968
R.D. 57, Abdul Wahid Khan and
others Vs. Dy. Director of
Consolidation, Jaunpur, and others,
1969 R.D. 79 Durga Prasad Vs. Board
of Revenue U.P. and others, Full Bench
judgment of this Court in Smt. Sharda
Devi Vs. State of U.P., 2001 Allahabad
Civil Journal 1167. The judgment of the
apex Court reported in 1984 AIR (S.C.)
718 A.R. Antulay Vs. Ramdas
Sriniwas Nayak.
ii. Section 95-A of the 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.
4. Sri K.N. Misra, learned counsel
for the respondents refuting the
submissions of learned counsel for the
petitioner, submits that recovery by
issuance of certificate under section 95-A
of the U.P. Cooperative Societies Act,
1965 is fully permissible for respondent
no. 1. He submits that the said issue has
already been decided by Division Bench
of this Court in writ petition No. 66154
of 2010 Sukh Lal Vs. State of U.P. and
others decided on 5.1.2011, where