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2025 DAILYLAW 117768 (ALL)

HARISHCHANDRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. COOPERATIVE LKO. AND 4 OTHERS

WRIC/429/2025 · 2025-01-17

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3104-DB Court No. - 2 Case :- WRIT - C No. - 429 of 2025 Petitioner :- Harishchandra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Cooperative Lko. And 4 Others Counsel for Petitioner :- Dwijendra Mishra,Rajneesh Mishra,Shivangi Kapoor Counsel for Respondent :- C.S.C.,Gaurav Mehrotra Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Vakalatnama filed by Shri Santosh Kumar Tripathi, Advocate on behalf of opposite party no. 5 is taken on record. 2. The petitioner herein challenges the proclamation of sale issued by opposite party no. 5. The auction sale is to be conducted tomorrow. 3. Shri Santosh Kumar Tripathi, counsel for opposite party no.5 says that if the petitioner is ready to pay the due amount which is to the tune of Rs.4,71,190/- as on 15.01.2025 within a reasonable time say one or one and a half years, then the auction will not be held. We find the proposal to be very fair and reasonable. 4. The Petitioner's counsel however, says that some excess charges are being claimed. 5. Be that as it may. Let the petitioner deposit the due amount without prejudiced to his rights to challenge the excess charges in future. Let him do so in six quarterly installments. The details of the due amount has been provided by Shri Tripathi to Shri Vijendra Mishra, counsel for the petitioner, who shall communicate it to the petitioner for compliance. 6. Let an amount of Rs.25,000/- be deposited by the petitioner with the opposite party no. 6 within 15 days. Subject to such deposit of Rs.25,000/- the petitioner shall have the opportunity to deposit the remaining amount as aforesaid in six quarterly installments. The last installment shall include the residuary amount. 7. The petitioner may deposit the installment directly in the bank account of the opposite party no. 5 and furnish proof thereof to the said opposite party. 8. In the event of default in the payment of any of the installments, the benefit of this order shall not be available and it shall be open for the opposite party no. 5 to recover the said amount as per law. While doing so the pleas raised by the petitioner in this writ petition shall also be considered so that proceedings are not initiated illegally. 9. The writ petition is disposed of. Order Date :- 17.1.2025 Pks [Brij Raj Singh,J.] [Rajan Roy, J.] Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench