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Bhau Ram v. State Of U.P. And Others - WRIT - C No. - 43556 of 2007 [2007] RD-AH 15294 (11 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and Sri S.K.Kakkar appearing for the respondent No. 4 and the learned standing counsel appearing for the respondents No. 1, 2 and 3. By consent of parties, the writ petition is being finally disposed of.

By this writ petition the petitioner has prayed for quashing the auction notice dated 20.8.2007 by which the petitioner has been directed to pay an of amount of Rs. 1,83,640/- with interest.

The petitioner took a loan of Rs.1,50,000/- for agricultural purpose. The petitioner deposited some of the instalments but failed to deposit the entire amount. Subsequently the Bank initiated process of recovery.

The learned counsel for the petitioner has submitted that auction of the agricultural land has not yet taken place and he is ready to pay the amount provided he is given facility to make deposit in six equal instalments. The counsel for the petitioner further submits that the petitioner be given this opportunity only if auction has not taken place and further the petitioner is liable to pay the amount along with upto date interest and in case of committing any default the recovery be revived.

Considering the facts of the present case and the fact that the petitioner is a poor farmer, ends of justice be served in disposing of the writ petition by following directions:-

1. The petitioner shall deposit the entire outstanding amount along with upto date interest in six equal quarterly instalments.

2. The first instalment be paid on or before 31st of October, 2007, and thereafter on 31st January, 2007, 30th April, 2008, 31st July, 2008, 31st October, 2008 and 31st January, 2009, respectively. The amount deposited after issue of citation shall be adjusted in the amount to be deposited by this order.

3. In event of any default, the recovery shall stand revived. In event of no attachment or auction has taken place, petitioner shall not be liable to pay any recovery charges.

4. Subject to payment of the amount as directed above, the recovery in pursuance of the impugned notice shall remain stayed.

5. On payment of first instalment by the petitioner, the tractor shall be released in favour of the petitioner, however, attachment of the tractor shall continue till the entire amount is paid.

With the above directions the writ petition is disposed of.




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