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CHHOTE LAL versus STATE OF U.P. THRU' CHIEF SECRETARY GOVT. OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Chhote Lal v. State Of U.P. Thru' Chief Secretary Govt. Of U.P. & Others - WRIT - C No. 77323 of 2005 [2005] RD-AH 7840 (20 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S. K. Singh, J.

Prayer in this petition is for a direction to the respondent no. 2 and 4 to grant permission to the petitioner to sale his agriculture land to the extent from which remaining loan amount can be paid to the respondent bank. There is a further prayer for giving direction to the respondent bank to negotiate under One Time Settlement scheme issued by the circular dated 25.10.2005.

After hearing learned counsel for the petitioner, learned State Counsel and learned counsel who appears for the respondent bank, this Court is of the view that directions as prayed cannot be issued by this Court straightaway but at the same time observation in the manner so indicated may be in the ends of justice.

So far the prayer for giving direction to the respondents to grant permission to sale the land is concerned in the event any permission is needed in law, the competent forum is also so provided in law and, therefore, it is for the petitioner to move appropriate application before the concerned competent authority who may be in a position to deal the petitioner's problem and to take appropriate decision in accordance with law and thus an observation may help the petitioner in getting appropriate order in accordance with law and thus that is to be granted by this Court.  

So far the prayer for giving direction to the respondent bank to negotiate with the petitioner in respect to one time settlement scheme is concerned, suffice it to say that if in law petitioner is entitled to get his claim settled in one time settlement then on moving application in this respect, that may also be attended and appropriate decision by speaking order may be taken within a reasonable time preferably within a period of one month from the date of receipt of certified copy of this order.

Accordingly this writ petition stands disposed of in the following manner :

1. The concerned competent authority is to entertain the petitioner's application seeking permission to sale the land if in law it can be attended and appropriate orders, in accordance with law after giving opportunity to all the concerned may be passed with all expedition.

2. Respondent bank is also to attend the petitioner's application for settlement under One Time Settlement Scheme if that is legally permissible.

3. It is made clear that this Court has not examined the merit in respect to the petitioner's claim/contention and it is for all the concerned to do the needful as law permits.

With the aforesaid observation writ petition stands disposed of.

20.12.2005.

SKS

77323/2005


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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