Court No. - 39
Case :- WRIT - C No. - 11770 of 2021 Petitioner :- Radhey Shyam Singh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- D.K.Ojha Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The petitioner seeks a direction in the nature of mandamus commanding the respondents to grant him benefit of one time settlement by accepting the remaining payment under the same.
Sri Narendra Kumar Tiwari has put in appearance on behalf of the respondent.
The record indicates that one time settlement had been arrived on 31.01.2021 whereafter the petitioner had deposited certain registration charges and the down payment for commencement of the one time settlement scheme. As per the said settlement, the next instalment was due on 28.02.2021 which had not been paid by the petitioner. The OTS arrived at by the petitioner had expired on 31.03.2021. The submission of the learned counsel for the petitioner is that the petitioner is facing financial crisis as a result of which he could not make the payment in time. However, he is ready to make the remaining payment if liberty is granted to him.
Considering the said submissions, we may note that it is not possible for the Court to extend the period of the OTS scheme or to relax its terms and conditions. As the petitioner has not been able to honour the settlement, no further direction can be given.
It is, however, kept open for the petitioner to approach the respondent no.5 i.e. Executive Engineer Vidut Vitaran Mandal Meja, Prayagraj for settlement of his grievances by writing a representation alongwith the copy of this order within a period of three weeks from today. In case such an application is filed the respondent no.5 shall be under obligation to consider the same and take an expeditious decision in accordance with law.
The writ petition is disposed of.
Order Date :- 30.7.2021 Radhika