By the Court.—Heard Sri Veer Singh learned counsel for the appellant and Sri A.P. Srivastava on behalf of the respondent.

2. This appeal has been filed against the judgment and order dated 11.11.2003 passed by the learned Single Judge allowing the writ petition filed by respondent No. 1.

3. The brief facts necessary for deciding the appeal are that the respondent No, 1 took an agriculture loan of Rs. 59,000/- from the Chandauli Branch of Union Bank of India. The loan was repayable in 17 equal half yearly installments. The respondent No. 1, who was writ petitioner, committed default in depositing the installments, due to which recovery proceedings were initiated at the instance of the bank for recovery of the outstanding amount as arrears of land revenue. A citation to appear was issued on 25th November, 1995. In pursuance of the citation to appear, writ-petitioner was arrested and after deposited Rs. 30,000/- he was released. Writ-petitioner thereafter represented the matter to the bank and also filed a writ petition in this Court challenging the recovery proceedings.

4. In the writ petition, under an interim order he was directed to deposit 50% of the amount and to furnish se