SUBHASH CHANDRA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Subhash Chandra v. State Of U.P. And Others - WRIT - C No. 76453 of 2005 [2005] RD-AH 7709 (16 December 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 1

Civil Misc. Writ Petition No.76453  of 2005

Subhash Chandra   Vs.  State of U.P. and others.

HON'BLE YATINDRA SINGH,  J.

HON'BLE RK RASTOGI,  J

1. The petitioner had taken loan from respondent No.3 .  According to the petitioner he has paid part of the loan but could not pay the entire loan. The respondents have issued recovery notice against him for recovering the same as arrears of land revenue. Hence the present writ petition.

2. We  have heard Counsel for the petitioner and  Sri Vipin Sinha, 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 loan  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 six  instalments. In calculating the arrears the amount (if any) already paid will be adjusted.

The first instalment may be deposited by the end of March 2006 and the subsequent instalments may be deposited after the interval of every three months. These deposits may be made before respondent No. 3. In case instalments are deposited before respondent No. 3  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 along with 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 petitioner has filed any other earlier writ petition against the recovery.

4. With these directions the writ petition is disposed of.

Date: 16.12.05                                                                                                                                                                                                                                                                                                                                                                    

SKS

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