Court No. - 38
Case :- WRIT - C No. - 6373 of 2019 Petitioner :- Aneeta Shakya Respondent :- U.P Awas And Vikas Parishad Lucknow And 3 Others Counsel for Petitioner :- Ranjeet Kumar Mishra Counsel for Respondent :- C.S.C.,Anand Prakash Srivastava
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
Heard Shri Ranjeet Kumar Mishra, learned counsel for the petitioner and Shri A.P. Srivastava, learned counsel appearing for the U.P. Awas & Vikas Parishad.
The petitioner was allotted a house in 2001 and possession was given but the petitioner did not pay the amount for allotment. Surprisingly, the said allotment has not yet been cancelled even after 18 years, although a demand has been raised with the current rate demanding Rs. 2,82,010/- as premium and Rs. 5,42,880/- as interest on it and the total Rs. 8,24,880/-.
Learned counsel for the petitioner submits that due to financial crises the said amount could not be deposited but now she has raised the fund and wants to deposit the same if the Court allows two instalments.
Shri A.P. Srivastava, learned counsel appearing for the U.P. Awas & Vikas Parishad states that since the allotment has not yet been cancelled, the petitioner has to deposit the entire amount demanded if the Court fixes two instalments.
This writ petition is disposed of with the direction that the amount cited in the recovery certificate be deposited in two equal instalments by the petitioner. The first instalment shall be paid within one month from today and the second instalment be paid within three months thereafter. The recovery proceedings pursuant to the recovery citation dated 16.1.2019 shall be kept in abeyance provided the petitioner deposits the instalments as fixed above. It is being made clear that in case of any default in payment of any instalment by the petitioner, the recovery proceedings shall revive forthwith.
Order Date :- 22.2.2019 A. V. Singh (Jayant Banerji, J.) (Abhinava Upadhya, J.)