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2025 DAILYLAW 91854 (ALL)

RISHI PAL v. STATE OF U.P. AND 4 OTHERS

WRIC/30669/2025 · 2025-09-10

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30669 of 2025 Court No. - 33 HON'BLE PRAKASH PADIA, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 4 and Ms. Sakshi Shukla, learned counsel holding brief of Sri Ramesh Kumar Shukla, learned counsel for respondent No.5/Bank. 2. The loan amount taken from the respondent No.5/Punjab National Bank, Branch Usawa District Budaun was not repaid by the petitioner as per agreement, therefore, the respondent No.3/Sub Divisional Magistrate, Teshil Dataganj, District Badaun issued Recovery Citation dated 04.08.2025 for acution of land mortgaged by the petitioner at the time of taken loan. It is stated in the order that a sum of Rs.12,92,851/- is to be recovered from petitioner. 3. It is argued by Ms. Sakshi Shukla, learned counsel for respondent No.5/Bank that as on date, i.e., on 04.08.2025 a sum of Rs.12,92,851/- is due upon the petitioner. 4. 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. 5. 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.1,50,000/- on or before 30.09.2025 with the Versus Counsel for Petitioner(s) : Deepak Kumar Srivastava Counsel for Respondent(s) : Ramesh Kumar Shukla, S.C. Rishi Pal .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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 15.10.2025. That amount shall thereafter be deposited in six equal quarterly installments started with effect from 01.12.2025. 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. 6. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. September 11, 2025 saqlain WRIC No. 30669 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad