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Udai Veer Singh Alias Lalloo v. State Of U.P. And Others - WRIT - C No. 73491 of 2005 [2006] RD-AH 8173 (21 April 2006)


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     Court No. 22

Civil Misc. Writ Petition No. 73491  of  2005

Udai Veer Singh   ......................................................      Petitioner


State of U.P. & others    .....................................         Respondents.


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and Sri Sanjeev Singh appearing for the respondents. Counter and rejoinder affidavits have been exchanged.  with the consent of the parties this writ petition is being finally disposed of.

By this writ petition the petitioner has prayed for quashing the sale proclamation Annexure-1 to the writ petition  in which 17.11.2005 was fixed for sale of the agricultural plots of the petitioner .  Petitioner had earlier come to this Court by filing writ petition No. 55558 of 2003 challenging the citation dated 14.11.2003 for an amount of Rs. 3,50,572/- which writ petition was disposed of by this Court  on 17.12.2003 permitting the petitioner  to deposit the entire outstanding dues by 15.2.2005. petitioner had deposited the amount  of Rs. 2,50,000/- on 5.9.2005 and moved an application for extension of further time in writ petition No. 55558 of 2003 .  An order was passed on 16.9.2005 extending the  time till 31.12.2005 for deposit of the amount. Although time  for deposit was extended  till 31.12.2005 the sale proclamation  was issued notifying the date 17.11.2005.

This writ petition was filed challenging the said sale proclamation. This Court granted interim order till the next date of listing that the petitioner  shall not be compelled  to pay the amount by taking any coercive process in terms of the order of this Court dated 16.9.2005.

Counter affidavit has been filed by the respondents in which it has been stated that the amount is still outstanding and the petitioner has failed to deposit the amount by 31.12.2005. Learned counsel for the petitioner submitted that on 9th March, 2006 the petitioner has deposited an amount of Rs.25000/-. In the counter affidavit  filed by the State it has been stated that the respondent being not aware of the order dated 16.9.2005 of this Court proceeded with the auction proceeding.

From the facts of the present case it is clear that even the time allowed by this Court vide order dated 16.9.2005 have come to an end but the entire outstanding amount has not been deposited although some amount was deposited on 9.3.2006 but the substantive amount is still outstanding.  Learned counsel for the petitioner prays that one more opportunity  be given to the petitioner to clear of outstanding dues before respondents proceeds with the auction of the agricultural land. He submits that in the event the agricultural land is  sold the petitioner will be deprived of his livelihood.  Considering the facts and circumstances of the case this writ petition is disposed of with the direction that the respondents may proceed with the auction proceedings for recovery of the outstanding amount after 31.7.2006 in the event the petitioner does not pay the entire amount due by that date.   It is made clear that  in the event the entire amount is not cleared by 31.7.2006 the respondents will be free to proceed with the auction  of the agricultural land and take other steps for recovery of the dues.

With the above directions the writ petition is disposed of.




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