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2025 DAILYLAW 29324 (ALL)

DAYA SHANKAR v. STATE OF U.P. AND ANOTHER

WRIC/7627/2025 · 2025-03-16

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37272 Court No. - 33 Case :- WRIT - C No. - 7627 of 2025 Petitioner :- Daya Shankar Respondent :- State of U.P. and Another Counsel for Petitioner :- Baij Nath Pal,Sanjeev Kumar Khare Counsel for Respondent :- C.S.C.,Sanjai Singh Hon'ble Prakash Padia,J. 1. The petitioner has preferred present writ petition inter-alia with the following prayers :- "i) issue a writ, order or direction in the nature of certiorari to quash the possession notice dated 08.01.2025 issued by respondent no. 2. ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to receive the outstanding loan amount from the petitioner in easy installment as fixed by this Hon'ble Court." 2. After some arguements, learned counsel for the petitioner confined his prayer only to the effect to direct the concerned bank to permit him to pay the aforesaid loan amount by way of installments. 3. Sri Sanjai Singh, learned counsel for the respondent no.2 has no objection. 4. Heard learned counsel for the parties and perused the records. 5. In view of the facts and circumstances of the case, the recovery proceedings shall remain in abeyance provided; (1) The petitioner deposit Rs.1,00,000/- (One lac) by 30.06.2025 and the balance amount in four equal quarterly instalments. (2) In the event of default in the payment/deposit of any one of the instalments, it would be open to the respondents to recover the balance amount forthwith. 6. In view of the same, present writ petition is disposed of. Order Date :- 17.3.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad