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Smt. Vinod Devi v. State Of U.P. And Others - WRIT - C No. - 49476 of 2007 [2007] RD-AH 16456 (8 October 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.

Learned standing counsel appears for respondents No. 1 to 3. Issue notice to respondent no. 4. Steps for service be taken within one week.

Respondents are allowed four weeks' time to file counter affidavit. List thereafter for admission.

In case freshConsidering 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 up to date interest in eight equal quarterly instalments.

2. The first instalment be paid on or before 30th of November, 2007, and thereafter on 29th February, 2008, 31st May, 2008, 31st August, 2008, 30th November, 2008, 28th February, 2009, 31st May, 2009 and 31st August, 2009 respectively.

3. In event of any default, the recovery shall stand revived. In event no attachment or auction of the immoveable property 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 if seized and not auctioned, shall be released in favour of the petitioner, however, attachment of the tractor shall continue till the entire amount is paid.

6. The amount already deposited by the petitioner shall be adjusted and a fresh statement of account be given to the petitioner after deposit of first instalment.

With the above directions the writ petition is disposed of. allotment of the shop in question has not yet taken place, the same shall not take place till the next date of listing. However, the arrangement of distribution of food grains as existing today shall continue.




Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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