Court No. - 39
Case :- WRIT - C No. - 3175 of 2019 Petitioner :- Shahjade Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Bhushan Verma,R.L. Varma Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri R.L. Varma, learned counsel for the petitioner, Sri Sachin Kumar, counsel holding brief of Sri Manoj Nigam, learned counsel for the respondent no.3 and the learned Standing Counsel for Respondents no. 1 and 2.
The petitioner in the writ petition is seeking quashing of the auction notice dated 04.01.2019 issued by the respondent-Bank whereby 01.02.2019 has been fixed for auction of the petitioner's mortgaged land.
From the averments made in the writ petition, it appears that the petitioner took a loan of Rs. 2,00,000/- on 01.11.2014 from the respondent no.3-Bank for the business of poultry farm against which, he mortgaged his agricultural land. It is stated that due to loss in business, he could not pay the loan amount and therefore, notice for auction of the mortgaged land has been issued. In para 15 of the writ petition, it is stated that the petitioner is willing and ready to deposit the entire loan amount in easy installments with the respondent-Bank.
In our view, the petitioner may, therefore, represent before the respondent no.3-Branch Manager, Uttar Pradesh Sahkari Gram Vikas Bank Limited, Branch-Banda, District-Shahjahanpur.
This writ petition is therefore disposed of with a direction that if the petitioner appears before the respondent no.3-Branch Manager, Uttar Pradesh Sahkari Gram Vikas Bank Limited, Branch-Banda, District-Shahjahanpur on 12.02.2019 at 11 a.m. along with his representation and a certified copy of this order, the respondent no. 3 shall consider the same and after granting the petitioner an opportunity of hearing decide the said representation, in accordance with law, within a further period of two weeks. It will be open for the respondent no.3 to grant the petitioner further installments as may be permissible in law.
Subject to the compliance of the above directions by the petitioner, we direct that the auction sale shall not be confirmed for a period of 45 days.
It is made clear that the court has not adjudicated the claim of the petitioner on merit.
Order Date :- 29.1.2019 JK Yadav