Court No. - 6
Case :- WRIT - C No. - 24259 of 2019 Petitioner :- Pratap Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pramod Kumar Dwivedi Counsel for Respondent :- C.S.C.,Manoj Nigam Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, learned Standing counsel and Sri Manoj Nigam for the respondent Bank.
The petitioner had taken a loan and was unable to pay the instalments. Consequently, recovery proceedings have been instituted to recover the balance amount as arrears of land revenue.
There is no illegality in the recovery proceeding but the petitioner contends that he is willing to pay the entire amount in instalments.
Learned counsel for parties are ad idem that although auction was fixed for 24 July 2019, no proceedings were taken on that date.
Learned Standing Counsel as well as counsel for the Bank are agreeable to the payment of the amount in instalments.
In the interest of justice and considering the aforesaid facts, the writ petition is disposed of upon consent with the following directions:-
The recovery proceedings shall remain in abeyance provided;
(1) The petitioner deposits 25% of the total amount claimed by the Bank within a month from today and the balance amount in four equal quarterly instalments commencing two months hence.
(2) In the event of default in the payment/deposit of any one of the instalments, it would be open to the respondents to recover the balance amount forthwith.
Order Date :- 25.7.2019/faraz