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RAMA GOP v TEHSILDAAR BARAN - CW Case No. 3085 of 2000  RD-RJ 2014 (20 September 2006)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
S.B. CIVIL WRIT PETITION NO.3085/2000
Ram Gopal & Anr.
Tehsildar & Anr.
DATE OF ORDER :: 19/04/2007
HON'BLE MR. JUSTICE AJAY RASTOGI
None present for petitioner
Mr. M.A. Khan, for respondent
Instant petition has been filed assailing the demand which has been raised by respondents for making recovery of agriculture loan sanctioned to petitioner's father Bajranglal Meena S/o Shri
Devilal Meena on 7th June, 1994. When petitioner failed to repay the loan disbursed, for a sum of
Rs.4,94,643/- respondent Bank filed application on 31st March, 2000, before Prescribed Authority under the provisions of Rajasthan Agricultural
Credit Operation [Removal of Difficulties] Act, 1974.
This was a common ground that an agriculturalloan was sanctioned and interest was charged on half yearly rest basis. This court in
C.W. No.3063/2000, Mukhtyar Singh Vs. Oriental
Bank of Commerce & Anr., decided on 22nd February, 2007 placing reliance on the judgment of apex court reported in 1994(5) SCC 213 has considered that in an agricultural loan, the interest has to be charged on yearly rest basis in terms of
CW 3085/2000 judgment of apex court.
In view of judgment of this court dated 22nd
February, 2007 [supra], this court consider proper to direct the respondents to determine the liability of petitioner by charging the interest on yearly rest basis and the outstanding dues be revised accordingly. The Prescribed Authority may re-assess the liability which is payable after taking note of what has been observed above.
With the above observations, the writ petition stands disposed of. [AJAY RASTOGI],J.
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