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2025 DAILYLAW 147729 (ALL)

CHANDRABHAN ALIAS CHANDRABHAN TIWARI v. STATE OF U.P. THRU. DISTT. MAGISTRATE AMBEDKAR NAGAR AND 2 OTHERS

WRIC/6061/2025 · 2025-06-24

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36184 Court No. - 3 Case :- WRIT - C No. - 6061 of 2025 Petitioner :- Chandrabhan Alias Chandrabhan Tiwari Respondent :- State Of U.P. Thru. Distt. Magistrate Ambedkar Nagar And 2 Others Counsel for Petitioner :- Manoj Kumar Mishra,Arpit Dwivedi,Pankaj Kumar Counsel for Respondent :- C.S.C.,Vinod Kumar Singh Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, Sri Vinod Kumar Singh, learned counsel for the respondent bank, learned Standing counsel for the State respondent and perused the record. 2. The father-in-law of petitioner no. 1 and father of petitioner no. 2 namely Jagdev S/o Ram Swaroop had taken loan for agricultural purpose by mortgaging a land bearing Account No. MISS03/02 and during the pendnecy of the loan instalments, Jagdev died on 31.1.2017 and the petitioner no. 2 became legal heir of the Jagdev's property, therefore, the petitioners were not aware regarding aforesaid loan and were unable to pay the instalments. Consequently, auction proceedings have been instituted to recover the balance amount as arrears of land revenue. 3. There is no illegality in the auction proceedings but the petitioners contend that they are willing to pay the entire amount in instalments. 4. Learned counsel for the respondent bank has stated that the petitioners have an outstanding liability of Rs. 5,00,334/- in respect of the loan. 5. Learned Standing Counsel as well as counsel for the Bank are agreeable to the payment of the amount in instalments. 6. The respondent no. 3 will furnish the statement of account for the last instalment and will also adjust the interest in accordance with law. 7. In the interest of justice and considering the aforesaid facts, the writ petition is disposed of upon consent with the following directions:- 8. The auction proceedings shall remain in abeyance provided; (1) The petitioners deposit Rs. 50,000/- within one month from today and the balance amount will be deposited by the petitioners in four equal quarterly instalments. (2) In the event of default in the payment/deposit of any one of the instalments, it would be open to the respondents to recover the balance amount forthwith in accordance with law. [Brij Raj Singh, J.] Order Date :- 24.6.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench