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Allahabad High Court · body

2025 DAILYLAW 176678 (ALL)

UMESH KUMAR v. DISTRICT MAGISTRATE, SITAPUR AND 2 OTHERS

WRIC/10448/2025 · 2025-11-11

S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10448 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Shri Alok Kumar, learned counsel for petitioner, Shri Prakhar Nigam, learned Standing Counsel for the State/respondent no. 1, Shri Akbar Ahmad, learned counsel for respondent nos. 2 and 3 and perused the material available on record. 2. Submission of learned counsel for petitioner is that the petitioner had taken a loan of Rs. 1,00,000/- from U.P. Sahkari Gram Vikas Bank Ltd. Mahmoodabad, Sitapur (respondent no. 2) under the KYC Scheme managed by Government of India. He further submitted that on account of the financial crisis, the petitioner could not repay the due installments. It is further submitted that the recovery notice dated 19.03.2019 was issued to the petitioner for recovery of Rs.1,73,895/-. Thereafter the Tehsildar, Mahmoodabad, Sitapur issued a recovery notice on 22.11.2021 for an amount of Rs.2,28,015/- to the petitioner. The petitioner has annexed recovery notice dated 05.10.2024 as Annexure No. 4 to the writ petition, which shows that an amount of Rs.3,66,160/- as dues is pending against the petitioner. 3. Learned counsel for petitioner has submitted that the petitioner is ready and willing to deposit the amount due against him in case he is permitted to do so in easy installment. 4. Learned counsel for the respondent-Bank has submitted that on 16.10.2025 the due amount against the petitioner was 4,42,400/- and he has no objection if the petitioner is willing to deposit the due amount in Versus Counsel for Petitioner(s) : Alok Kumar Counsel for Respondent(s) : C.S.C., Akber Ahmad Umesh Kumar .....Petitioner(s) District Magistrate, Sitapur And 2 Others .....Respondent(s) easy installments. 5. Accordingly, with the consent of the parties, this petition is disposed of with the following directions:- (i) The petitioner shall make payment 25% of the whole amount due against him within four weeks from today, on deposition of the said amount, the recovery proceedings against the petitioner shall be kept in abeyance. (ii) On deposition of the due amount, the respondent Bank shall furnish statement of the account to the petitioner and the petitioner shall pay the remaining outstanding amount in four equal quarterly installments commencing from 2.01.2026 and the last installment shall contain interest and all the outstanding amount due to the petitioner. 6. It is made clear that in case the petitioner violates any of the aforesaid condition, the respondent Bank shall be at liberty to initiate recovery proceedings against him in accordance with law. 7. With the aforesaid observations/directions, this petition is disposed of. November 11, 2025 Virendra WRIC No. 10448 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench