Court No. - 6 Case :- WRIT - C No. - 22757 of 2019 Petitioner :- Smt. Pushpa Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Gautam Counsel for Respondent :- C.S.C.,Ajay Srivastava,Satish Chaturvedi Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners, learned Standing counsel and Sri Ajay Srivastava for the respondent Bank.
The petitioners 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 petitioners contend that they are willing to pay the entire amount in instalments.
Learned counsel for parties are ad idem that no auction took place on the date fixed.
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 petitioners deposit 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