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2025 DAILYLAW 29745 (ALL)

MUSHTAK AHAMAD v. STATE OF U.P. AND ANOTHER

WRIC/9042/2025 · 2025-04-16

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56879-DB Court No. - 40 Case :- WRIT - C No. - 9042 of 2025 Petitioner :- Mushtak Ahamad Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashwani Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the parties. 2. Counsel on behalf of the petitioner has stated that the petitioner had taken loan but the same could not be repaid as per the terms of the agreement. A notice dated 24.10.2024, for a sum of Rs.3,50,000/-, has been issued by respondent no.2 against the petitioner to which challenge has been made in the instant writ petition. However, at the outset, learned counsel for the petitioner states that the petitioner is ready and willing to deposit the amount due against him, in case he is permitted to do so in twelve equal monthly installments. 3. Counsel appearing on behalf of the respondents submits that if the petitioner is willing to deposit the amount, respondent no.2 would accept the due amount in easy installments. 4. Upon hearing the counsel appearing on behalf of the parties and after considering the material on record, we are of the view that the prayer of the petitioner should be allowed as he is an indigent person and is living hand to mouth. Accordingly, it is ordered as follows:- (i) The petitioner to start paying the money (for a sum of Rs.3,50,000/-) in twelve equal monthly installments starting from June, 2025, which should be made by 7th of every month. (ii) No recovery charges shall be taken from the petitioner by the respondent authorities. (iii) Till the period prescribed for depositing the aforesaid amount, the recovery proceedings against the petitioner will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter the installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 5. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 17.4.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad