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2025 DAILYLAW 147749 (ALL)

RAJENDRA SHANKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE U.P. LKO. AND ANOTHER

WRIC/6071/2025 · 2025-06-30

Alok Mathur, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36822-DB Court No. - 2 Case :- WRIT - C No. - 6071 of 2025 Petitioner :- Rajendra Shankar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue U.P. Lko. And Another Counsel for Petitioner :- Shankar Lal Pandey,Abhishek Shukla Counsel for Respondent :- C.S.C.,Bhaiya Lal Verma,Vinod Kumar Singh Hon'ble Alok Mathur,J. Hon'ble Shree Prakash Singh,J. 1. Heard Sri Shankar Lal Pandey, learned counsel for the petitioner as well as learned Standing Counsel for respondent no. 1. Sri Vinod Kumar Singh, Advocate has filed vakalatnama on behalf of respondent no.2, same is taken on record. 2. As per previous order of this Court dated 26.06.2025, Sri Pradeep Kant, Branch Manager, U.P. Cooperative Gram Vikas Bank Ltd., Branch - Sirauli Gauspur, District - Barabanki is present before the Court. 3. It has been submitted by learned counsel for the petitioner that petitioner had taken a loan of Rs.30,000/- from respondent no. 2 - Bank and due to certain unavoidable circumstances he could not repay the outstanding loan amount and in the aforesaid circumstances, respondent no. 2 has initiated recovery proceedings against petitioner and the respondents have proposed to auction 1/5th share of Khasra No. 1168, area 0.2560 hectares, situated at Village - Etaura, Tehsil - Sirauli Gauspur, District - Barabanki. 4. Learned counsel for the petitioner next submits that petitioner is ready and willing to re-pay the entire outstanding loan amount in installments, considering the fact that he is a marginal farmer and his agricultural land is sought to be auctioned. 5. Learned counsel appearing for responent-Bank has submitted on the basis of instructions that respondent-Bank has no objection in case petitioner re-pays entire loan amount in installments. 6. Accordingly, with the consent of learned counsel for the parties, present writ petition is disposed of with following directions :- (i) The petitioner is directed to deposit an amount of Rs.40,000/- with the respondent-Bank within three weeks from today. (ii) On deposit of aforesaid amount, the respondent-Bank shall provide latest loan account statement to the petitioner forthwith. (iii) The remaining loan amount shall be paid by the petitioner in six equal by-monthly installments commencing from 23.09.2025 onwards. (iv) On deposit of Rs.40,000/- by the petitioner within the aforesaid stipulated time period, the recovery proceedings initiated against the petitioner shall remain stayed. 7. It is provided that in case of default of any of the above conditions on the part of petitioner, benefit of this order shall not be available to him and the respondents will be at liberty to proceed with the recovery proceedings in accordance with law. Order Date :- 30.6.2025 A. Verma (Shree Prakash Singh, J.) (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench