IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2064 of 2009 (M/S) Deepak Agarwal. ……Petitioner. Versus Union Bank of India and others. ….Respondents. Mr. Pawan Mishra, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. C.S.C. for the respondent Nos. 2 and 3. Dated: -19-05-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. Despite of service, none appears for the respondent No.1. Despite of sufficient opportunity no counter affidavit has been filed by the State-respondent Nos. 2 and 3. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the recovery citation dated 02-12-2000 issued by the Tehsildar, Tehsil, Dehradun, District Dehradun-respondent No.3 annexed as annexure No.6 to the writ petition on the ground that the bank could not proceed against the petitioner to recover the impugned loan as arrears of land revenue. The initiation of proceeding by the respondent Nos. 2 and 3 is bad in law. Learned counsel for the petitioner has placed reliance on the Apex Court Judgment reported in AIR 2006 Supreme Court 893, Iqbal Naseer Usmani. Vs. Central Bank of India and others wherein it has been held that the Uttar Pradesh Public Moneys (Recovery of Dues) Act (23 of 1972) under Section 3 is permissible in case if the loan was advanced under the State Sponsored Scheme. 2 To support his contention, the petitioner has filed annexure No.5 to the writ petition that the documents which was obtained by him under the Right to Information Act, 2005 from the Bank wherein the reply was given by the bank that the loan was not given under the State Sponsored Scheme that was given under the Bank Union Home Scheme. In view of the verdict of the Apex Court, this loan is not recoverable as arrears of land revenue, since it is not given under the State Sponsored Scheme. The writ petition is liable to be allowed. The same is allowed. The recovery citation issued by the Tehsildar, Tehsil Dehradun, District Dehradun dated 02-12-2009 is hereby quashed. However, the liberty is given to the respondent No.1 i.e. Union Bank of India that to recover the loan as permissible in accordance with law. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 19-05-2010 MK