Hon'ble Manish Mathur,J.
(ORAL)
1. Ram Sahay son of Shri Ram Het has preferred this petition for issuance of a writ in the nature of certiorari quashing notice dated 31.05.2019, appended with the petition as Annexure - 1.
Vide the impugned notice, the petitioner has been asked to pay a sum of Rs.1,45,272/- as arrears of land revenue.
2. Contention of learned counsel for the petitioner is that indeed the petitioner took loan in the sum of Rs.89,000/- in the year 2011. It has been pleaded that on account of difficult financial circumstances and financial crisis, the loan amount could not be repaid. Under the circumstances, in due process of law, impugned notice has been issued for recovery as arrears of land revenue.
3. Essentially it has been pleaded by the petitioner that he is ready and willing to pay the amount due towards the loan, as mentioned in Annexure - 1. Some time be provided therefor.
4. Learned counsel for the petitioner contends that 25 per cent of the amount due, as mentioned in Annexure - 1, shall be paid within one week i.e. on or before 03.09.2019.
The rest of the money would be paid in three installments, last installment being payable on 05.12.2019.
5. Learned counsel for the petitioner has made a statement to the Court and given assurance that the money due, as per impugned notice Annexure - 1, would be paid as per the undertaking given above. Or else, the respondent/Bank be given liberty to revive impugned notice Annexure - 1 and recover the loan amount as arrears of land revenue.
6. Shri Vinod Kumar Singh, Advocate has appeared for respondent no.3/Bank and has taken a very fair stand that in case the petitioner complies with the assurance given to the Court, the respondent/Bank would have no objection.
7. We hereby dispose of this petition in view of the agreement recorded above with a clear direction and stipulation that in case the petitioner deviates from the assurance given, as noticed above, the respondent/Bank would be at liberty to recover the amount as arrears of land revenue under notice Annexure - 1.
8. Till 05.12.2019, the operation of Annexure - 1 shall remain in suspension.
The respondent/Bank would be at liberty to revive operation of Annexure - 1 in case the amount due is not paid as per schedule recorded above.
Order Date :- 29.8.2019 Nishant/-