JUDGMENT :

Ajay Bhanot, J.

1. Heard Sri Jagannath Singh, learned counsel for the petitioner, learned Standing Counsel for the respondents No. 1 to 4 and Sri Brahmanand Singh, learned counsel for the respondent No. 5/Bank.

2. The petitioner has assailed the recovery certificate dated 29.6.2019 issued by the respondent No. 5-Bank under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 and attachment notice dated 14.1.2020 issued by the respondent No. 3 and consequential proceedings taken under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972.

3. The sole contention of Sri Jagannath Singh, learned counsel for the petitioner is that the recovery proceedings taken out under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 are beyond jurisdiction. The applicant had taken an agricultural loan. The loan comes within the ambit of Uttar Pradesh Agricultural Credit Act, 1973 (hereinafter referred to as 'Agricultural Credit Act). The scheme of recovery under the Uttar Pradesh Agricultural Credit Act, 1973 is distinct from the mode of recovery prescribed under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972.

4. Sri Brahmanand Singh, learned counsel for the respondent No. 5/Bank does not dispute the aforesaid fact.

5. Learned Standing Counsel submits that once the bank admits that the loan is not covered under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972, the State cannot take a different stand in the matter.

6. Heard learned counsel for the parties.

7. On facts it could not be disputed that the disputed loan is an agricultural loan within the ambit of Uttar Pradesh Agricultural Credit Act, 1973.

8. The Uttar Pradesh Agricultural Credit Act, 1973 was enacted with a view to facilitate adequate flow of credit for agriculture production and development through banks and other institutional credit agencies and for matters connected therewith. A large part of citizenry of the State derive their livelihood from agriculture. The legislature was sensitive to their pecuniary conditions and economic hardships faced by them.

9. The manner of recovery of agricultural loan has been set out in comprehensive detail in the Uttar Pradesh Agricultural Credit Act, 1973 read with Uttar Pradesh Agricultural Credit Rules, 1975.

10. Many of the features in the Uttar Pradesh Agricultural Credit Act, 1973 are distinct from the provisions of the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972. Some of the provisions in the Uttar Pradesh Agricultural Credit Act, 1973 (hereinafter referred to as 'the Agricultural Credit Act') read with Uttar Pradesh Agricultural Credit Rules, 1975 (hereinafter referred to as 'the Rules'), which ameliorate the conditions of the agriculturists and are not part of the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972), are discussed below.

11. The Uttar Pradesh Agricultural Credit Act, 1973 defines ''agriculture'' and ''agriculturist'' and reads as under:

''Section 2. Definitions.-In this act unless the context otherwise requires-

''(a) agriculture' and 'agricultural purpose' includes making land fit for cultivation, cultivation of land improvement of land (including development of sources of irrigation), raising and harvesting of crops, horticulture, forestry cattle breeding, animal husbandry, dairy farming, piggery, poultry farming, seed farming, pisciculture, apiculture, sericulture and such other activities as are generally carried on by persons engaged in any of the aforementioned activities and also includes-

(i) marketing of agricultural products, their storage and transport;

(b) ''agriculturist'' means a person who is engaged in agriculture.''

12. The other relevant Sections 2(c), 2(e) and 2(g) of the definition clauses of the Act of 1973 are extracted below:

''Section 2(c) 'bank' means-

(iv) a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act V of 1970);

Section 2(e) ''financial assistance'' means as