DAYA SHANKER SINGH v. SUB DIVISIONAL OFFICER TARABGANJ DISTRICT GONDA AND 2 OTHERS
A227/414/2025 · 2025-01-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119885 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119885 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5545 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 414 of 2025 Petitioner :- Daya Shanker Singh Respondent :- Sub Divisional Officer Tarabganj District Gonda And 2 Others Counsel for Petitioner :- Vinay Kumar Tiwari Counsel for Respondent :- C.S.C.,Vinod Kumar Singh Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Vijay Prakash Mishra, Advocate holding brief of Shri Vinod Kumar Singh, learned counsel for respondent No.3.
2. The present petition has been filed by the petitioner aggrieved against the action of the respondent-Bank in attaching the properties of the petitioner for recovery of the loan.
3. Earlier, the petitioner had approached this Court aggrieved against the proceedings for recovery. The said petition was
disposed of vide order dated 21.11.2019 permitting the petitioner to pay the amounts in installments.
4. It is argued that subsequent thereto, son and daughter of the petitioner died, as such, he could not comply with the directions given by this Court and now steps are being taken for attaching the property. The petitioner is ready and willing to bring a buyer before the Bank, who shall give the consideration amount as
directed to the Bank and the respondent-Bank may permit to sell a part of the property so that the loan can be off-set. He further undertakes that the petitioner shall place some total amount.
5. In view thereof, the present petition is disposed of directing that the steps shall not be taken for sale of the property, subject to the petitioner depositing an amount of Rs.2 lacs with the respondent-Bank on or before 26th February, 2025. The petitioner shall thereafter, take a buyer, willing to purchase a part of the property to the respondent-Bank and the respondent- Bank shall consider the application of the petitioner subject to the proposed buyer transmitting the amount directed to the respondent-Bank.
6. The said steps shall be taken by the petitioner within a period of four months from today. The balance amount, if any, after the sale of the property, shall be recovered by the Bank in
accordance with law.
7. In the event of failure of giving the amount of Rs.2 lacs or taking a buyer before respondent-Bank within a period of four months from today, the respondent-Bank would be at liberty to recover the amount in accordance with law.
8. For a period of four months from today, the Bank cannot take any coercive measure against the petitioner.
9. The petition stands disposed of.
Order Date :- 28.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench