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2025 DAILYLAW 177391 (ALL)

SUDHIR KUMAR SINGH v. STATE OF U.P. THRU. COLLECTOR DISTT. HARDOI AND ANOTHER

WRIC/10166/2025 · 2025-10-30

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10166 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vineet Kumar Mishra, the learned counsel for the petitioner, Shri Ram Kumar Maurya, the learned Standing Counsel for the State of U.P. and Shri Prashant Kumar Srivastava, the learned counsel for the respondent No.2-Bank of Baroda. 2. By means of the instant writ petition, the petitioner has sought issuance of a direction to the respondent No.2 to release his tractor bearing Registration No.UP30BM-4210. 3. The tractor has been attached because of a default committed by the petitioner in repayment of the loan and the tractor was hypothecated and, therefore, the respondent No.2 has taken its possession. 4. Learned counsel for the petitioner states that the petitioner is willing to repay the amount of loan but he could not do so because of financial constraints and he prays that the facility of repayment of loan in easy installments. 5. The respondents have no objection to the aforesaid limited submission of the learned counsel for the petitioner but the learned counsel for the Bank Of Baroda has expressed an apprehension that the petitioner may not dispose off the hypothecated tractor to create any unwarranted complications. 6. Accordingly, the instant petition is disposed off by providing that the petitioner's tractor bearing Registration No.UP30BM-4210 will be Versus Counsel for Petitioner(s) : Vineet Kumar Mishra Counsel for Respondent(s) : C.S.C., Prashant Kumar Srivastava Sudhir Kumar Singh .....Petitioner(s) State Of U.P. Thru. Collector Distt. Hardoi And Another .....Respondent(s) released in his favour immediately upon his depositing a sum of Rs.1,00,000/- with the respondent No.2- Bank of Baroda, through its Branch Manager, Kachehri Road, Civil Line, Police Station- Kotwali Sahar, District- Hardoi. The petitioner has deposit the balance amount towards repayment of loan in quarterly installments of Rs.50,000/- and the last installment will cover the entire dues payable by the petitioner. At the time of release of the petitioner's tractor, the bank shall provide a revised schedule to the petitioner as per this order to enable him to make payments as per this order. 7. The tractor shall continue under hypothecation and no third party rights will be created by the petitioner in respect of the tractor. 8. Further, at the time of payment of each installment, the petitioner will take the tractor to the respondent No.2 for its physical verification. October 30, 2025 -Amit K- WRIC No. 10166 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench