SATYA DEV SINGH v. STATE OF U.P. THRU. DISTT. MAGISTRATE RAEBARELI AND 2 OTHERS
WRIC/7658/2025 · 2025-08-12
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156366 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156366 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47042-DB Court No. - 2 Case :- WRIT - C No. - 7658 of 2025 Petitioner :- Satya Dev Singh Respondent :- State Of U.P. Thru. Distt. Magistrate Raebareli And 2 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Gaurav Kumar Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondents, Shri Prashant Kumar Srivastava, learned counsel appearing for the Band of Baroda/respondent no.3 and perused the record. 2. This writ petition has been filed by petitioner with following main prayers:
"i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned recovery certificate dated 24.1.2025 issued by Tehsildar, Lalganj, District Raebareli, as contained in Annexure Nol to this writ petition. ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to interfere in peaceful possession of the petitioner over the land in dispute on the basis of the impugned recovery certificate. iii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to permit the petitioner to deposit the remaining loan amount after providing correct statement of account to the petitioner."
3. It has been submitted by learned counsel for the petitioner that the petitioner has taken loan of Rs.5 lakhs in the year 2007 for agricultural purposes/for buying tractor. He deposited E.M.I. for sometime, but due to some financial constraints he could not repay the loan unfortunately. He has submitted an application
dated 20.07.2025 to respondent no.1 i.e. District Magistrate, Raebareli and he is ready to repay remaining loan amount in easy installments. The Bank/respondent no.3 has refused to offer One Time Settlement (O.T.S.) facility to the petitioner. 4. Learned counsel appearing for the Bank has pointed out that recovery citation is of January, 2025 and till 31.07.2025, the load dues of the petitioner amounted to Rs.20,68,282/- and if the petitioner is willing to pay the amount, he may do so. 5. We direct the petitioner to deposit Rs.5,00,000/- (rupees five lakhs only) within three weeks from today i.e. latest by
02.09.2025. If the petitioner deposits rupees five lakhs with respondent no.3/Bank on or before 02.09.2025, the Bank shall give current statement of account regarding the dues payable by the petitioner.
The petitioner shall pay remaining amount including interest thereon in four equal quarterly installments thereafter. In case of failure of the petitioner to deposit any of the installments, the Bank shall be free to proceed in accordance with law. 6. Till such payment is made by the petitioner, coercive proceeding initiated by the Bank shall remain in abeyance subject to the petitioner paying installments within time. 7. With the aforesaid observations/directions, the writ petition is
disposed of. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.)
Order Date :- 12.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench