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Kalyan Swaroop v. State Of U.P. & Others - WRIT - C No. 26480 of 2000  RD-AH 7499 (14 December 2005)
Civil Misc. Writ Petition No.26480 of 2000
Kalyan Swaroop Vs. The State of U.P. and others
Hon'ble Yatindra Singh,J
1. The petitioner took a loan from the respondent no.3. As the petitioner could not pay the said loan, the recovery proceedings have been initiated against him, hence the present writ petition.
2. We have heard counsel for the petitioner, Standing Counsel for the respondents no. 1 and 2 and Mr. Satish Chaturvedi for respondent no. 3
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 loan due to the circumstances beyond his control. In view of this, it would be appropriate to dispose of this writ petition with the following directions:
. The petitioner may deposit the entire arrears in four instalments. In calculating the arrears the amount (if any) already paid will be adjusted.
. The first instalment may be deposited before the end of February, 2006 and the subsequent instalments may be deposited after the interval of every three months. These deposits may be made before respondent no.3 .
. 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.3 after deposit of first instalment. The amount already paid or deposited by the petitioner in pursuance of the interim order of this Court, will be adjusted.
. 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 has filed any other earlier writ petition against the recovery.
With these observations the writ petition is disposed of.
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