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2025 DAILYLAW 63299 (ALL)

LALLU SINGH YADAV v. STATE OF U.P. AND 3 OTHERS

WRIC/17303/2025 · 2025-05-26

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90010 Court No. - 33 Case :- WRIT - C No. - 17303 of 2025 Petitioner :- Lallu Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Phool Singh Yadav Counsel for Respondent :- C.S.C.,Vivek Kumar Rai Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Sri Vivek Kumar Rai, learned counsel for respondent No.4/Bank. 2. The auction notice dated 24.02.2025 published on 25.02.2025 in daily newspaper namely Aaj issued by the respondent no. 3 under section 29 of the Uttar Pradesh Sahkari Gram Vikas Banks Rules, 1971, is under challenge in the present petition. 3. It is admitted between the counsel for the parties that the auction will be held on 23rd June, 2025. 4. It is argued by the counsel for the petitioner that pursuant to the order dated 10.04.2017 passed by this Court in Writ C No. 14477 of 2017 filed by the petitioner, a sum of Rs. One Lac has been deposited by him on 13.05.2017 but thereafter since the statement of account was not provided, the remaining terms and conditions of the aforesaid order was not complied with and now wholly illegally the auction proceedings has been initiated against the petitioner. It is further argued that petitioner is ready and willing to deposit the amount, in case he is permitted to do so in easy installments. 5. On the other hand Sri Vivek Kumar Rai, learned counsel appearing on behalf of respondent no. 3 and 4 that pursuant to the judgment and order passed by this Court dated 10.07.2017 the statement of account has been provided to the petitioner on 18.05.2017 and fresh copy of the statement of the account is also provided by him to the counsel for the petitioner during the course of arguments which was duly accepted by the counsel for the petitioner. 6. Accordingly to the aforesaid statement on 31st March, 2025 a sum of Rs. 3,97,277/- is due upon the petitioner. 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 as a last opportunity to deposit the entire outstanding amount due against him in the following manner. The Bank has also agreed to accept the amount payable. (i) Petitioner shall deposit Rs. 1,00,000/- on or before 23rd June, 2025 with the respondent-Bank, if it so, the respondents were retrained to initiated auction proceedings against the petitioner. (ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent-Bank shall provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in three equal installments in a period of one year started w.e.f 1st August, 2025. (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 :- 27.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad