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2025 DAILYLAW 47640 (ALL)

SATYABHAN v. STATE OF U.P. & 4 OTHERS

WRIC/12271/2025 · 2025-04-22

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61210 Court No. - 33 Case :- WRIT - C No. - 12271 of 2025 Petitioner :- Satyabhan Respondent :- State Of U.P. & 4 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- Manoj Nigam Hon'ble Prakash Padia,J. 1. Recovery notice dated 04.05.2023 issued by the respondent no.3-Sub Divisional Officer, Tehsil Aliganj, District Etah for recovery a sum of Rs. 8,93,500/- from the petitioner. 2. Petitioner has preferred the present writ petition inter-alia with the prayer to quash the recovery notice dated 04.05.2023 issued by the respondent no.3-Sub Divisional Officer, Tehsil Aliganj, District Etah. 3. By the aforesaid notice, the petitioner was directed to deposit a sum of Rs. 8,93,500/- along with other expenses. 4. In this view of the matter and also in the interest of justice, the respondent no.5 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 four equal quarterly instalments. 5. Learned counsel for the respondent bank has no objection in case petitioner is ready and willing to make the aforesaid payments in installments. 6. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents No.5-Bank and perused the record. 7. 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.2,00,000/- (Two 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 four 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. 8. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 23.4.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad