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Shiv Nath v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 63994 of 2005  RD-AH 3815 (30 September 2005)
Court no. 40
Civil Misc. Writ Petition No. 63994 of 2005.
Shiv Nath ................Petitioner
State of U.P. and others ................Respondents.
Hon. S.N.Srivastava, J.
Heard learned counsel for the petitioner and also Sri S.K. Mishra, learned Counsel representing the Bank and the Learned Standing counsel.
Petitioner obtained loan from the Bank and according to petitioner, respondents initiated proceedings for recovery of the loaned amount as arrears of land revenue. It is in the above perspective that the present petition has come to be instituted.
Learned counsel for the petitioner stated across the bar that it is the maiden petition on behalf of the petitioner against recovery proceeding. The substance of what has been urged on behalf of the petitioner is that the petitioner could not repay the loan due to certain unforeseen reasons beyond the control of the petitioner coming into existence. He has now expressed his willingness and readiness to deposit the amount in instalments and sought indulgence of the Court to prescribe instalments for such deposits.
In the facts and circumstances, I feel called to dispose of the petition studded with following directions.
1. The petitioner shall deposit the entire amount found to be payable by the Bank in four equal instalments. The first instalment shall be payable by him within two months from today i.e. by 30th October, 2005. The remaining amount due against the petitioner shall be payable in tri-monthly three instalments i.e. by 30th January, 2006, 30th April, 2006 and last one by 30th July, 2006. It needs hardly be said that the petitioner shall be given credit for the amount already deposited by him towards repayment of loan.
2. All the deposits payable in instalments shall be made at the Bank concerned where from the petitioner had obtained loan and in case any such deposit is accordingly made, the Bank concerned would issue requisite receipts in acceptance of such deposits. In case, all the deposits are made according to the schedule, no recovery charges shall be payable by the petitioner and during this period the recovery proceedings initiated against the petitioner shall also remain in abeyance. For default in payment of any of the instalments above, it is prescribed as a consequence that it would be open to the respondents to resume recovery proceedings.
3. It would be open to the petitioner to seek details of accounts from the Bank, and in case any such details are desired from the Bank, the petitioner may move appropriate application within 10 days from today to the Bank for furnishing of accounts along-with relevant documents and duly stamped self-addressed envelope enumerating therein the details of deposits already made towards loaned amount. In case any such application is filed, the Bank shall communicate to the petitioner the requisite details in relation to his accounts in terms of what has been indicated supra.
4. In case, auction in relation to property in question has already taken place, the petitioner may take recourse to appropriate legal remedy seeking setting aside of the auction in accordance with the provisions of the U.P.Z.A. & L.R.Act and the Rules framed there under or by way of suit and this order would not operate to impinge upon such proceedings. It is also prescribed that the order will cease to be operative in case it is noticed that the petitioner has already taken recourse to the proceeding under Article 226 of the Const. against the impugned recovery and some orders about instalments have already been passed and are operating.
5. In case the property has already been seized, the same shall be released on payment of first instalment.
The petition is finally disposed of in terms of the above directions.
Certified copy of the order be issued to the learned counsel for the petitioner within 3 days on payment of usual charges.
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