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2025 DAILYLAW 184065 (ALL)

RAJENDRA @ RAJJANLAL v. CHAIRMAN U.P. SAHAKARI GRAM VIKAS BANK LTD. AND 2 OTHERS

/11123/2025 · 2025-11-19

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11123 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Heard learned counsel for the parties and perused the record. Instant petition has been filed with the following prayers:- To issue any writ, order or direction in the nature of certiorari for quashing the impugned notice published in Hindustan Daily Newspaper dated 06.10.2025 whereby mentioned at Sl No.7 for auction proceeding of petitioners land plot no. Khata No. M14/22, having Gata No.00054, area 0.387 hectare, situated at village Narayanpur, Baunabhari, District Sitapur, contained in Annexure-2 in the interest of justice. i. Issue any writ order or direction in the nature of Mandamus commanding the opposite parties specially opposite party no.3 to receive the loan amount (excluded the interest) in easy instalment, in the interest of justice.” ii. Learned counsel appearing for the respondents submits that petitioner had taken loan of Rs.28,000/- from the U.P. Sahkari Gram Vikas Bank Limited, Branch Sidhauli, Sitapur for purchasing a pumping set in the year 2011 and the petitioner has provided nothing towards principal or interest of loan amount. He also stated that a notice dated 29.09.2025 was served upon the petition by opposite party no.3 for recovery of Rs.1,41,000/- which included the principal amount and interest. Learned counsel for the petitioner submits that the petitioner had taken only Rs.28,000/- as loan from U.P. Sahkari Gram Vikas Bank Limited in year 2011. Alleged amount was less than 50% which came into the purview of loan waiver scheme floated by the then State Government and several farmers were benefitted by the said loan waiver scheme but for reason best known to the authorities the petitioner was not given benefit of the said scheme and after computing annual interest the said amount Versus Counsel for Petitioner(s) : Shobha Rajpoot Counsel for Respondent(s) : Akber Ahmad Rajendra @ Rajjanlal .....Petitioner(s) Chairman U.P. Sahakari Gram Vikas Bank Ltd. And 2 Others .....Respondent(s) has now escalated up to more than 1,41041/- as stated by the learned counsel for the respondents. Learned counsel for the petitioner submitted that earlier a date 10.11.2025 was fixed for auction of petitioner’s land Khta No. M14/22, having gata no.0054, area 0.387 hectare through a publication made in Hindustan Daily Newspaper dated 06.10.2025 but for some reasons the said date was adjourned and its auction is likely to be fixed in the present week. Learned counsel for the petitioner submitted that the petitioner is ready to pay the amount of loan towards loan and interest in easy instalments and, hence, in that respect a proper order may kindly be passed. In view thereof present petition is disposed of by providing that auction proceedings shall not be proceeded against the petitioner subject to his depositing of amount of Rs.15,000/- within a period of four weeks and remaining amount shall be paid in four quarterly instalments, meaning thereby the first instalment will be payable on 19.01.2026, second quarterly instalment will be payable on 20.4.2026, third quarterly instalment will be payable on 20.7.2026 and 4th quarterly instalment will be payable on 19.10.2026 which shall include the balance amount after deducting Rs.15,000/-. In case, of default in paying any amount the present order shall automatically come to an end and respondent- bank shall be at liberty to proceed in accordance with law. Counsel for the respondent is directed to provide statement of dues owed by the petitioner to the learned counsel for the petitioner within a week. With the aforesaid directions, the instant petition is disposed of. November 19, 2025 mks WRIC No. 11123 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench