BHUPENDRA SINGH AND ANOTHERS v. STATE OF U.P. AND 2 OTHERS
WRIC/5303/2025 · 2025-04-23
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21794 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21794 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63250 Court No. - 33 Case :- WRIT - C No. - 5303 of 2025 Petitioner :- Bhupendra Singh And Anothers Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Singh Patel,Ram Lakhan Deobanshi Counsel for Respondent :- C.S.C.,Vivek Kumar Rai Hon'ble Prakash Padia,J.
1. Auction notice dated 06.02.2025 issued by the respondent no.3- Land Sales Officer, U.P. Co-operative, Village Development Bank Limited, Branch and City, Fatehpur. According to which auction of land of the petitioner was scheduled to be held on 06.03.2025. 2. Petitioner has preferred the present writ petition inter-alia with the prayer to quash the auction notice dated 06.02.2025 issued by the respondent no.3-Land Sales Officer, U.P. Co-operative, Village Development Bank Limited, Branch and City, Fatehpur. 3. By the aforesaid notice, the petitioner was directed to deposit loan amount along with other expenses. 4. In this view of the matter and also in the interest of justice, the respondent no.3 is directed to provide a fresh Bank statement within two weeks, if it is so, petitioner will deposit the amount shown and demanded by the respondents-Bank in six equal quarterly installments. 5. It is argued by Sri Vivek Kumar Rai, learned counsel appearing on behalf of the respondent nos. 2 and 3 that no auction was taken place pursuant to the auction notice dated 06.02.2025. 6. It is argued by the learned counsel for the petitioner that petitioner is ready and willing to make payment of loan amount to the respondent-Bank, as such some breathing time may be granted to him. 7. Learned counsel for the respondent bank has no objection in case petitioner is ready and willing to make the aforesaid payments in installments. 8. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondents nos. 1 and Sri Vivek Kumar Rai, learned counsel appearing on behalf of the respondent nos. 2 and 3-Bank and perused the record. 9. Having regard to the fact that the petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner:- (i) Petitioner shall deposit Rs.1,00,000/- (One Lac) on or before 30.06.2025 with the respondent-Bank.
(ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent-Bank shall provide a fresh statement of account after adjusting the amount already deposited. That amount shall thereafter be deposited in six equal quarterly installments. (iii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 10. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 24.4.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad