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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29379 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J.
1. The recovery certificate dated 24.07.2025 issued by the respondent No.3/Tehsildar, Tehsil Bara District Prayagraj is under challenge. 2. It is argued by learned counsel for the petitioner that as per information received by the petitioner under Right To Information Act, the recovery certificate dated 24.07.2025 was never issued by the respondent No.3. 3. Pursuant to the aforesaid, Instructions were sought by the learned counsel for the respondents and short counter affidavit has been filed by Sri Vivek Rai, learned counsel for the respondent No.4/Bank, the same is taken on record. 4. It is stated in paragraph 7 of the short counter affidavit that recovery certificate was duly issued by Tehsildar, Tehsil Bara District Prayagraj and a letter dated 10.09.2025 has also been written by the Tehsildar to the Bank Manager, copy of the same is appended as Annexur No.S.C.A. 1 to the short counter affidavit.In this view of the matter, it is argued by learned counsel for the respondent-Bank the aforesaid recovery certificate was duly issued by the Tehsildar. Same view was also taken by learned Standing Counsel in the Instructions provided by the Tehsildar. 5. At this point of time, a prayer has been made by learned counsel for the petitioner to permit the petitioner to deposit the amount mentioned in the recovery certificate dated 24.07.2025, i.e., Rs.2,69,313/- in easy installments. 6. In response to the same, it is argued by Sri Vivek Rai, learned counsel for Versus Counsel for Petitioner(s) : Anil Kumar Tiwari, Rahul Tiwari Counsel for Respondent(s) : C.S.C., Vivek Kumar Rai Anwarul Haq .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
the respondent No.4/Bank that as on 22.08.2025, the balance amount is Rs.3,93,120/-. 7. It is argued by learned counsel for the petitioner that the petitioner is ready and willing to deposit the entire amount, in case he is permitted to do so in easy installments. 8. 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. The Bank has also agreed to accept the amount payable.
(i) Petitioner shall deposit Rs.50,000/- on or before 31.102025 with the respondent-Bank. (ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent-Bank shall provide statement of account, after adjusting the amount already deposited on or before 15.11.2025. That amount shall thereafter be deposited in four equal installments started with effect from 01.01.2026. The last installment would be deposited with balance amount and upto date interest. (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. September 23, 2025 saqlain WRIC No. 29379 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad