CW-3889/2009-Sumer Mal Vs. State of Rajasthan & Anr. Judgment dt.19.4.10 1/2 S.B. CIVIL WRIT PETITION NO.3889/2009 Sumer Mal Vs. State of Rajasthan & Anr. Date of order : 19th April, 2010 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rakesh Arora for the petitioner. Mr. Jagdish Vyas for the respondents. ------- 1. This writ petition is directed against the recovery process initiated by the respondent Bank for agricultural loan taken by the petitioner in which he defaulted in repayment. 2. By the interim order dated 22nd April, 2009, this court entertained the petition subject to condition that the petitioner shall deposit a sum of Rs.1,51,000/- on or before 30.4.2009 and subject to that no coercive step against the petitioner would be taken. 3. Learned counsel for the respondent upon his application under Article 226(3) of the Constitution of India submits that the objections raised by the petitioner can be decided by the competent authority i.e. learned S.D.O., Balotra, District Barmer after giving an opportunity of hearing to the petitioner by a speaking order and subject to that the matter deserves to be sent back to the competent authority, who has power to decide such objections. This proposition is not disputed by the learned counsel for the petitioner. 4. Consequently, this writ petition is disposed of with liberty to the petitioner to raise all his objections before the said authority and the said authority after giving an opportunity of hearing CW-3889/2009-Sumer Mal Vs. State of Rajasthan & Anr. Judgment dt.19.4.10 2/2 will decide the same within a period of two months from today and in the first instance the petitioner may appear before the said authority on 11th May, 2010. If any adverse order is passed, the petitioner may take appropriate alternative remedy against the said order. The money already deposited by the petitioner shall stand remain deposited with the Bank and will be subject to final decision of the said authority. 5. The writ petition is accordingly disposed of. [ DR. VINEET KOTHARI ], J. item No.68 babulal/