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Bhupendra Kumar v. State Of U.P. & Others - WRIT - C No. 4695 of 2004  RD-AH 829 (19 September 2004)
Civil Misc. Writ Petition No. 4695 of 2004
Bhupendra Kumar ......Vs........... State of U.P. and others
Hon'ble Yatindra Singh,J
1. The petitioner was allotted a flat by U.P. Avas Evam Vikas Parishad, Hathras, Aligarh. The petitioner could not pay the instalments, hence the impugned recovery certificate dated 10.12.2003 was issued.
2. We have heard counsel for the petitioner and the Standing Counsel for the respondents
3. The counsel for the petitioner has made statement at the bar that this is the first writ petition against the recovery and this fact has also been stated in the writ petition. According to the petitioner, he could not pay the amount due to the circumstances beyond his control. In view of this, it would be appropriate to dispose of this writ petition with following directions:
. The petitioner may deposit the entire arrears in three instalments. In calculating the arrears the amount (if any) already paid will be adjusted.
. The first instalment may be deposited before the end of November, 2005 and the subsequent instalments may be deposited after the interval of every three months. These deposits may be made before respondent no. 2. In case instalments are deposited before respondent no.2 then the recovery charges will not be recovered from the petitioner.
. During this period, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the instalments within the above stipulated time, it will be open to the respondents to start recovery proceedings again.
. The petitioner may file application for the accounts alongwith duly stamped self-addressed envelope. In case any such application is filed, the same will be given to the petitioner by respondent no.2 after deposit of first instalment.
. This order will not affect any auction already held. In that event the petitioner may take appropriate legal proceedings to set aside the auction under UPZA & LR Act and Rules, 1952 or file a suit in accordance with law.
. It is clarified that this order will not be operative in case the petitioner have filed any other earlier writ petition against the recovery.
4. With these observations the writ petition is disposed of.
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