••€ CHHATTISOARH W.P. N0. 2-4-2-3. /2005 rBTmoNBga t. —0<;-—^-^ CLEBC to A. C. BIL/ Kaniestiwar iitiaran tili^ti y/o. Late Shiv Bahadur Singh, Aged about 50 years, R/o. Village Dhaurpur, District Surguja (UUj, At present R/o. Kamanujgatt) Koaa, Attibueapur, P.S. Ambikapur, District Surguja (Cyj / 1J State ot Chliamsgam, Through: Collector, Ainbikapur, District Surguja (cy) 2j District Cooperative Rural and ^nculturai Laad Uevetopment BanK, Ambikapur, TTirough: Its Inc&arge- Chairman i.e. Collector, Ainbikapur Uistnct Surguja (Ctrj y.D.M., AtaDiKapur, District Surguja jChhattisgarh) mON UNDHt ARTICLB 226/2370F THB coNsrrruTiow OF nroiA HIGH COURT OF CHHATTISGARH AT BILASPUR Wiit Petition No^ 2423 of 2006 Petitioner Ranieshwar Sharan Singh Versus Respondents State of Chhatdsgarh aad others /--^ Sin^e Bench ; Hon'ble Mr. Justicc Satisli K. A^iihotri, Shri A. Goverdhau, Advocate for ttie petitioner. Shri Sanjay S. Agarviral, Govt. Advocate for the respondents No. 1 and 3. None for the respondent No.2. ORAL_ORDER (10ril May, 2006) The foUowing ordcr of the Court was passed by Satislt K. Agnihotri, J. Leamed counsel for the petitioner submits fhat the inother of the petitioner namely Smt. Gayatri Devi, obtained a loan of Rs. 36,800/- iinder the agreement dated 14.2.1989 after mortgaging her laad admeasiuiug 6.981 and 9.329 acres, bearing khasi-a No. 289/1 and 216/2, situated at village-Dhaulpur, Tahsfl- Lundra, District - Surguja. According to leamed coiinsel for fhe petitioner, fhe niotlier of the petitiouer died in 1998 without utiliziag the inoney for plantation. The petitioner has received a notice on 6.12.2005 for lecoveiy of fhe loan amount advaaced, with interest, to the tuae ofRs. l,27,225/-. Leamed counsel for the pelitioner further subinits that the petitioner is ready and willing to niake paynient but ia. view of his financial condition it is uot possibk to deposit the amount within a period of 10 days. It is furflier submitted fhat the Bank/Respondent No.2 be directed to consuler fhe repi^sentation of the petitioner for disposal of the pinperty moi-tgaged with the responder^-MQ^ to recover loau ^- Thakur amount and no coercive steps be taken for recovevy of ttie nioney, by disposiag ofhis icsidential property. 3. Leamed counsel appearing for fhe respondents No. 1 and 3 does not have aay objection for fhe prayer No.7,.2, niade in the petition, for consideration ofthe re-presentation dated 24.4.2006. 4. Having heard leamed counsel for ftie parties and haviag regard to fhe facts aud cJFcnmstances offhe case, the respondent No.2 is directed to consider aad decide the repi^sentation dated 24.4.2006, inade by the petitioner, keeping in view of the pecuUar facts and circuinstances, for iiecovei3r of money by disposuig of fhe laad inortgaged wifh. fhe Bank wifhin a period of four weeks froin fhe date of receipt of a copy of this order. It is further directed that no coercive steps be taken for rccovery of raoney tiU fhe final disposal of fhe representatioa offhe petitioner. 5. In view offhe above, fhe petition stands disposed of. Certified copy, as per Rules. Sd/- SatishK.Agnihom Judge ^s-'^^^w^.