Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148507 (ALL)

RAM SAGAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 3 OTHERS

WRIC/6183/2025 · 2025-06-27

Subhash Chandra Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:36681 Court No. - 3 Case :- WRIT - C No. - 6183 of 2025 Petitioner :- Ram Sagar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 3 Others Counsel for Petitioner :- Pravin Kumar Verma,Beant Singh,Vivek Kumar Verma Counsel for Respondent :- C.S.C.,Akber Ahmad Hon'ble Subhash Chandra Sharma,J. Learned counsel for the opposite party nos. 3 and 4 has filed instructions which is taken on record. Heard learned counsel for the petitioner, Ms. Maria Fatima, holding brief of Shri Akber Ahmad, appearing on behalf of respondent no. 3 and 4 as well as learned C.S.C. and perused the record. This writ petition has been filed with the following prayers:- (i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 29.04.2025, which was received on 02.06.2025, issued by the opposite party no. 4 i.e. Senior Manager, Uttar Pradesh Sahkari Gram Vikas Bank Ltd., Branch Sirauli Gauspur, District Barabanki. (ii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties no. 3 and 4 not make the auction of the land gata no. 215 area 0.3510 hectare, situated at village Hameedpur, Pargana Dariyabad, Tehsil Sirauli Gauspur, District Barabanki. It is submitted by the learned counsel for the petitioner that in this case the petitioner is aged about 70 years and suffering from old age infirmities. He took loan from Uttar Pradesh Sahkari Gram Vikas Bank Ltd., amounting to Rs. 70,000/- for goat farming. Due to viral common disease the entire goats died, as a result the petitioner was ruined and could not make payment of installments of the amount to the bank. Now, the amount has been increased to Rs. 2,81,092.50/- with interest. There was scheme of Kisan Rin Yozna 2017 but no benefits of this scheme was given to the petitioner. Therefore, request to direct the aforesaid bank to give benefit of loan from Kisan Rin Yozna 2017 to the petitioner and then to make easy installments of their remaining amount for making easy payment and till then the proceedings for auction of his property be stayed. Learned counsel for the opposite party nos. 3 and 4 has filed instructions and contended that the amount of loan taken by the petitioner was not covered with Kisan Rin Yozna 2017, since the loan was long term loan whereas the scheme of Kisan Rin Yozna 2017 was applicable to short term loan, therefore, the petitioner is not entitled for any concession in interest as per scheme 2017, but she has no objection in dividing the amount in easy installments for the purpose of making payment easy. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned C.S.C. and perusal of record, it is expedient to direct the petitioner to move an application regarding concession before the opposite party no. 4, the Manager of the aforesaid bank within 30 days from today who will grant concession, if any to the petitioner and then to divide the amount of loan into 10 equal installments to be paid month to month by the petitioner till final payment. In the mean time, the auction proceedings of property of the petitioner shall not be given affect. In case, the petitioner fails to make payment of the amount of loan as aforesaid the bank will be at liberty to proceed further for the recovery of the amount of loan adopting legal procedure. Accordingly, this petition is disposed of finally. Order Date :- 27.6.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench