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2025 DAILYLAW 149693 (ALL)

SHIV DEVI v. STATE OF U.P. THRU. DISTRICT COLLECTOR / DISTRICT MAGISTRATE BARABANKI AND 2 OTHERS

/6546/2025 · 2025-08-13

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47480 Court No. - 6 Case :- WRIT - C No. - 6546 of 2025 Petitioner :- Shiv Devi Respondent :- State Of U.P. Thru. District Collector / District Magistrate Barabanki And 2 Others Counsel for Petitioner :- Durgendra Kumar Tiwari Counsel for Respondent :- C.S.C.,Nishant Singh Hon'ble Pankaj Bhatia,J. 1. Counter affidavit filed today in the Court is taken on record. 2. Heard learned counsel for the petitioner and Shri Nishant Singh, learned counsel for respondent No.3. 3. The present petition has been filed by the petitioner alleging that the petitioner had taken a tractor loan from the respondent No.3. However, without any authority of law, the tractor was taken by the agent of respondent No.3, which according to him is contrary to law and not having any sanction of law. 4. Learned counsel for respondent No.3 states that the tractor was taken and has been sold out for an amount of Rs.4,56,200/-. It is also stated that only a few installments were paid by the petitioner for repaying the outstanding amounts of loan granted. 5. Considering the fact that the tractor has already been sold out and no material exists on record to justify the taking of the tractor without any authority of law, as damages, it is directed that no further amount shall be charged from the petitioner towards the outstanding loan by respondent No.3. The petitioner shall be issued a 'no dues certificate' by respondent No.3 within a period of three weeks from today. The petitioner shall not claim any rights over the tractor or seek return of the tractor and shall also cooperate in transfer of the registration in the name of the person, whom the tractor has been sold out. 6. The petition stands disposed of. Order Date :- 13.8.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench