CWP No. 3996 of 1988 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 4.12.2008 Shri S.K.Gupta and another ...Petitioners VERSUS The State of Haryana and another …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: None for the petitioner Mr.Suresh Monga, Sr.DAG, Haryana Permod Kohli, J. (Oral) The petitioners have filed this petition seeking direction to respondents no.1 to 3 not to realize the bank dues by adopting coercive method etc. It is admitted case of the petitioners that petitioner no.1 borrowed loan of Rs.8000/- from Central Bank of India, Bata Branch for the purchase of two buffaloes whereas petitioner no.2 borrowed borrowed loan of Rs.12,000/- for purchase of three buffaloes from the same Bank. It is also admitted that only part payment of the CWP No. 3996 of 1988 :2: installment was made. The Central Bank of India vide its letter dated 21.5.1987 wrote to the Deputy Commissioner, Jind to take action for recovery of the bank dues from both the petitioners. It is the case of the petitioners that they were asked to deposit the amount at once. The petitioners have challenged the jurisdiction of the Deputy Commissioner to effect recovery, as according to the petitioner, there is no provision for effecting such recovery by the Collector. It is further stated that Haryana Public Moneys Recovery of Dues Act, 1979 is not applicable to the present case. In the reply filed, the respondents have relied upon the provisions of Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973. Mr. Monga has referred to Section 2 (a) (d) of the aforesaid Act. Section 2 (a) deals with the definition of “agriculture” and “agricultural purpose” whereby the loan advanced for dairy farming etc. falls within the definition of “agricultural purpose”. Similarly, Section 2(d) (iii) deals with the definition of “Bank” which includes any banks mentioned in Column No.2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970. Central Bank of India is one of such banks specified in the First Schedule. In view of the above, loan in question falls within the purview of the Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973. Further more Section 8-A of the aforesaid Act also empowers the Collector to make recovery at the instance of the concerned Bank on the basis of a certificate to be issued by the local Principal Officer of the Bank. In CWP No. 3996 of 1988 :3: view of the specific provisions contained in the aforesaid Act, the order of the Collector for recovery from the petitioners is legal and valid. The action of the Collector does not suffer for want of jurisdiction. I find no merit in this petition which is accordingly dismissed. (PERMOD KOHLI) JUDGE 4.12.2008 MFK Note: Whether to be referred to Reporter or not:NO CWP No. 3996 of 1988 :4: