Court No. - 6
Case :- WRIT - C No. - 24242 of 2019 Petitioner :- Shamsher Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, learned Standing counsel and Sri Krishna Mohan Asthana for the respondent Bank.
Sri Krishna Mohan Asthana learned counsel for the fourth respondent does not raise any objection to the maintainability of the instant writ petition or for this Court invoking its jurisdiction under Article 226 of the Constitution insofar as the reliefs claim are concerned.
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 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