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1999 Supreme(Raj) 158

B.S.CHAUHAN
Bhola Singh – Appellant
Versus
Prescribed Authority, Tehsildar – Respondent


Advocates Appeared:
S.L. Jain, for Petitioners

Honble CHAUHAN, J.–Both these writ petitions have been filed for quashing the proceedings and the orders passed by the Tribunal constituted under the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974 (for short, ``the Act). Both cases are identical but the facts of S.B. Civil Writ Petition No. 623/1999 are considered to decide the controversy.

(2). Petitioners grievance is that he had taken the loan to the tune of Rs. 1,50,000/- on 10.6.1994, which had to be paid in half-yearly instalments. Petitioner could not deposit the instalments in time, proceedings have been initiated against him under the provisions of the Act on 1.4.1998. Till today, no final order has been passed. No order of sale of movable/immovable properties has been passed. The instant petition has been filed for quashing the said proceedings for recovery.

(3). Two main grounds have been taken in the petition. Firstly, that in Corporation Bank vs. D.S. Godwda (1), the Honble Supreme Court has held that charging interest above 12.5% is excessive and unfair in case of agricultural loan. Secondly, this Court has already entertained a petition, i.e., S.B. Civil Writ Petition No. 2154/ 1998 and pa





























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