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Mahendra Singh & Others v. State Of U.P. Through Its Secretary Department & Others - WRIT - C No. - 47854 of 2007  RD-AH 16112 (28 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and Sri Mukesh Mehrtora appearing for respondent no. 5 and the learned standing counsel appearing for the respondents No. 1 to 4. By consent of parties, the writ petition is being finally disposed of.
By this writ petition the petitioner has prayed for quashing the impugned recovery citation dated 15.9.2007 by which the petitioner has been directed to pay an of amount of Rs. 4,71,886/- with interest.
The petitioner took a loan of Rs.4,00,000/- for purchase of tractor. The petitioner deposited some of the instalments but failed to deposit the entire amount. Subsequently the Bank initiated process of recovery.
The learned counsel for the petitioner has submitted that auction of the agricultural land has not yet taken place and he is ready to pay the amount provided he is given facility to make deposit in easy instalments. The counsel for the petitioner further submits that the petitioner be given this opportunity only if auction has not taken place and further the petitioner is liable to pay the amount along with up to date interest and in case of committing any default the recovery be revived.
Considering the facts of the present case and the fact that the petitioner is a poor farmer, ends of justice be served in disposing of the writ petition by following directions:-
1. The petitioner shall deposit the entire outstanding amount along with up to date interest in eight equal quarterly instalments.
2. The first instalment be paid on or before 31st of October, 2007, and thereafter on 31st January, 2007, 30th April, 2008, 31st July, 2008, 31st October, 2008, 31st January, 2009, 30th April, 2009 and 31st July, 2009 respectively.
3. In event of any default, the recovery shall stand revived. In event no attachment or auction of the immoveable property has taken place, petitioner shall not be liable to pay any recovery charges.
4. Subject to payment of the amount as directed above, the recovery in pursuance of the impugned notice shall remain stayed.
5. On payment of first instalment by the petitioner, the tractor if seized and not auctioned, shall be released in favour of the petitioner, however, attachment of the tractor shall continue till the entire amount is paid.
6. The petitioner no. 1 who has been detained in civil prison under the recovery proceedings shall be released forthwith.
With the above directions the writ petition is disposed of.
Let a certified copy of this order be given to counsel for the petitioner today on payment of usual charges.
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