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2025 DAILYLAW 17288 (UTT)

SAGAR CHANDRA v. STATE OF UTTARAKHAND

WPMS/3309/2025 · 2025-11-28

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10611 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 3 0 9 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Bhupendra Singh, Advocate, i/ b Mr. Sunder Dhauni, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. 2. According to petitioner, he took a loan of rupees one lakh from Sadhan Sahkari Samiti, Branch Bilona, District Bageshwar in the year 2022 for purchasing two buffalos, however he could not repay the loan in time and concerned Sadhan Sahkari Samiti has issued the recovery certificate, pursuant to which Tehsildar, Bageshwar has issued recovery citation for recovery of ₹1,04,973 and other charges. Thus feeling aggrieved, petitioner has approached this Court. 3. Learned Counsel for the petitioner submits that since both the buffalos died soon after they were purchased, therefore, petitioner was under deep financial stress. He submits that petitioner is ready and willing to repay the loan in eight instalments. 4. Learned State Counsel submits that if petitioner has expressed willingness to repay the loan, then he may be permitted to approach the competent authority in Sadhan 2025:UHC:10611 Sahkari Samiti by making a representation. 5. Accordingly, writ petition is disposed of by permitting the petitioner to make a representation to Secretary, Sadhan Sahkari Samiti, Branch Bilona, District Bageshwar. If he makes representation within one week from today, then decision thereupon shall be taken within three weeks thereafter. 6. For a period of four weeks or till decision is taken, whichever is earlier, no coercive action shall be taken against the petitioner. However, if petitioner fails to make representation within stipulated time, then the authority concerned shall be at liberty to proceed against him, as per law. ( Man oj Kum ar Tiw ar i, J.) 28.11.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.28 17:27:17 +05'30' 2025:UHC:10611