S.N.Phukan, J - This is a petition under Article 226 of the Constitution of India. 2. The petitioner took a loan of Rs. 513.00 in the year 1974 from the United Commercial Bank, Sonaour Branch for agricultural development. It is stated that due to various factors such as, bad harvesting, the petitioner could not repay the loan. A bakijai proc­eeding was drawn up and a notice of demand claiming an amount of Rs. 477.03 paise with interest and costs was served on the petitioner. There is no dispute that the same notice was issued under the provisions of Bengal Public Demands Recovery Act, 1913. Being aggrieved the petitioner approached us. 3. No counter have been filed on behalf of the respondents. 4. We have heard Mr. S. 1edhi, learned counsel for the petitioner and also Mr. K.FC Mahanta, learned Govt. Advocate Assam. 5. "Public demand" has been defined in clause (6) of section 3 of the Bengal Public Demands Recovery Act, 1913 which inter alia means any arrear or money mentioned or referred to in Schedule -I. We have perused the said Schedule I and we do not find that any amount recoverable by a Bank can be treated as a Public Demand, unless it is so declared by a law. 6. Accordingly the Assam Recovery of Loans Act, 1976 was enacted. Section 3 of the said Act reads as follows :- "3. Recovery of arrears of loan as a public demand : Notwithstanding anything contained in any law for the time being in force or in any agreement, any amount due to a bank or a financial institution from any person in respect of any amount advanced or granted under any scheme shall, apart from any other mode of recovery, be recoverable as an arrear of land revenue 46 under the Bengal Public Demands Recovery Act, 1913 (Beg. Act III of 1913)". The word "Scheme" has been defined in clause (h) of section 2 of this Ajt. Tne sail clause is quoted below :- "(h) "Scheme" means a scheme framed and/or approved for the purposes of this Act by the State Government for providing opportunities for employment or for assisting agricultural or industrial activities and purposes”. 7. Act III of 1913)". The word "Scheme" has been defined in clause (h) of section 2 of this Ajt. Tne sail clause is quoted below :- "(h) "Scheme" means a scheme framed and/or approved for the purposes of this Act by the State Government for providing opportunities for employment or for assisting agricultural or industrial activities and purposes”. 7. From a reading section 3 along with clause (h) of section 2 of the Act namely Assam Recovery of Loans Act, 1976 we are of the opinion that any amount due to Bank or a financial institution from any person in respect of any amount advanced or granted under any Scheme can be recovered under the provision of Bengal Public Demands Recovery Act provided the said amount was advanced or granted under a Scheme framed and/or approved by the State Government for the purpose of providing opportunities for employment or assisting agricultural or industrial activities and purposes. 8 In the case in hand there is nothing on record to show that the amount in question was taken as loan from the Bank under any Scheme by the Government farmed/improved for the aforesaid purposes. It is true that the petitioner took the loan for agricultural development but every such loan cannot come under the Assam Recovery of Loans Act, 1976 unless the loan is given under a Scheme prepared in accordance with the said Act. 9. Mr. Mahanta, learned Govt. Advocate has drawn our attention to a decision of this Court in Civil Rule No. 44 of 1984. This Court in the said Civil Rule after considering the provision of the Act held that- "the realisation of the arrear through Public Demand Recovery Act may not be denied to the Bank." There cannot be any legal dispute on this point. Oa perusal of the said decision we find that the matter was sent back to the Certificate Officer. But in the case in hand we do not propose to do so. 10. For the reasons stated above we hold that the provisions of the Bengal Public Demands Recovery Act, 1913 can not be invoked for recovery of the loan in question as there is nothing on record to show that the loan was given under a Scheme, prepared under the provisions of the Assam Recovery of Loans Act, 1976. 11. 10. For the reasons stated above we hold that the provisions of the Bengal Public Demands Recovery Act, 1913 can not be invoked for recovery of the loan in question as there is nothing on record to show that the loan was given under a Scheme, prepared under the provisions of the Assam Recovery of Loans Act, 1976. 11. We therefore quash the impugned notice under section 7 of the Bengal Public Demands Recovery Act, 1913 and also the proceeding in Bakijai Case No. 180/83 (Bank) pending before the Certificate Officer of the Deputy Commissioner, Kamrup at Gauhati. The petition is allowed and the rule is made absolute. No costs. Dr. B.P.Saraf, J.- I agree.