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1999 Supreme(All) 1185
IN THE HIGH COURT OF ALLAHABAD
D. K. Seth, J.
RAM PHER YADAV - Appellant
Versus
UNION BANK OF INDIA, VARANASI - Respondents
C. M. W. P. 34572 Of 1999
Decided On : 08/16/1999
C.B.YADAV
A civil suit cannot be maintained in respect of proceedings 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.
Headnote:
U. P. ZAMINDARI ABOLITION AND LAND REFORMS ACT, 1950 - SECTION 330(C) - U. P. AGRICULTURAL CREDIT ACT, 1973 - SECTION 11A - RECOVERY OF LOAN - CIVIL SUIT - JURISDICTION - A civil suit cannot be maintained in respect of proceedings 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.
Fact of the Case:
The petitioner filed a suit challenging the recovery sought to be made by the bank under Section 11a of the U. P. Agricultural Credit Act, 1973. The petitioner contended that the bank had charged compound interest, which was not permissible, and that a major part of the amount had already been deposited. The petitioner filed an application for stay of recovery in the suit, which was dismissed by the trial court and the District Judge.
Finding of the Court:
The court held that a civil suit cannot be maintained in respect of proceedings 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. The court further held that the petitioner could not make out a prima facie case and that the civil court had no jurisdiction to grant injunction in the matter.
Issues: Whether a civil suit can be maintained in respect of proceedings 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.
Ratio Decidendi: Section 330 (c) of the U. P. Z. A. and L. R. Act bars civil suits in respect of the assessment or collection of land revenue under Chapter X of the Act or the recovery of any sum of money recoverable as arrears of land revenue. Section 11a of the U. P. Agricultural Credit Act provides that the amount specified in a certificate forwarded by the bank to the Collector under the Act is to be recovered as arrears of land revenue. Therefore, a civil suit challenging the recovery of such amount is barred by Section 330 (c) of the U. P. Z. A. and L. R. Act.
Final Decision: The petition under Article 227 of the Constitution was dismissed. However, the order would not prejudice or prevent the petitioner from agitating the grounds advanced in the case in the pending writ petition or in any other writ petition, as the case may be.
( 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.
( 4 ) MR. Yadav, learned counsel for the petitioner contended that no recovery charges can be added to the amount due by the petitioner except the loan amount as has been held in the case of Vidya dew v. Collector, Mohoba and others, 1999 (90) RD 379 and in the case of Corporation Bank v. D. S. Gowda and another, 1995 ACJ 746.
( 5 ) BUT these questions cannot be gone into in a civil suit, jurisdiction whereof has been excluded by reason of Section 330 (c) of the 1950 Act. It provides that "no suit or other proceeding shall he in any civil court in respect of :
" (a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) The assessment or collection of land revenue under Chapter X of the recovery any sum of money recoverable as arrears of Land Revenue. "
( 6 ) SECTION 11a sub-section (1) of the
