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Naresh Kumar & Another v. State Of U.P. Thru' Secy. Finance & Others - WRIT - C No. 70790 of 2005 [2005] RD-AH 5711 (14 November 2005)


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Court no.1

Civil Misc. Writ Petition No. 70790 of 2005

 Naresh Kumar and another  Vs.   State of U.P. and others.

Hon'ble  Yatindra Singh,J

Hon'ble  R.K.Rastogi,J

1. The petitioners took  a  loan from the  respondent no.4. As the petitioners could not pay the said loan,   the recovery proceedings have  been  initiated  against  them, hence the present writ petition.

2. We have heard   counsel for  the petitioners, Standing Counsel for  the respondents no. 1  to 3 and  Mr.   A.. Mishra   for  respondent no. 3.

3. The counsel   for the petitioners 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 petitioners  they  could not pay the loan due to the circumstances beyond  their  control. In view of this, it would be appropriate to dispose of this writ petition with the  following directions:

. The  petitioners may  deposit the entire arrears  in  10   instalments. In  calculating the arrears the amount (if any) already paid  will be adjusted.

. The  first instalment  may be  deposited  before the end of  Jan, 2006 and the subsequent instalments may be deposited  after the  interval of every three months. These deposits may be made  before  respondent no.4 from  where the loan was taken. In case instalments are deposited  before respondent no.4 then  the recovery charges  will not be  recovered from the petitioners.

.       During  this period,  the recovery  proceedings will be kept in abeyance. In case the  petitioners default in depositing  the instalments within the above stipulated time, it will be  open to the respondents  to start recovery  proceedings again.

. The petitioners 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.3 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 petitioners have filed any other earlier writ petition against the recovery.

With these observations the writ petition is disposed of.

Dated: 14.11.2005MLK/A


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