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2026 DAILYLAW 716 (ALL)

VIRENDRA KUMAR SHARMA v. THE STATE OF U.P. AND 2 OTHERS

WRIC/10180/2026 · 2026-04-15

Vinod Diwakar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10180 of 2026 Court No. - 37 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner, Shri Ramesh Kumar Shukla, learned counsel for the respondent-bank. 2. The instant petition has been filed with a limited prayer seeking direction in the nature of writ of mandamus commanding the respondent no.3 to take the loan amount of the petitioner in easy installment. 3. Learned counsel for the petitioner submits that the petitioner is a marginal farmer, owning and cultivating a small parcel of agricultural land situated in Village-Rudhauli Kala, Rudranagar, Rudhauli Khurd, District Basti. In order to meet agricultural and allied needs, the petitioner availed three Kisan Credit Card (KCC) loans from respondent no.3, bearing Loan Account Nos. 5200066043, 502000600442 and 5020006071441. The said facilities were duly sanctioned and disbursed by the respondent bank. However, owing to acute financial constraints and adverse circumstances beyond the control of the petitioner, he could not adhere to the repayment schedule within the stipulated time. Consequently, a recovery citation has been issued against the petitioner, reflecting an outstanding liability of Rs. 12,23,566/-. 4. Learned counsel further submits that the petitioner is a poor agriculturist, aged about 56 years, having limited means of livelihood and no substantial source of income, and thus is incapable of discharging the entire outstanding amount in one lump sum. The petitioner is willing to liquidate the outstanding dues and undertakes to repay the entire amount in an easy installments. Accordingly, it is prayed that the petitioner may be granted indulgence by permitting him to clear the outstanding liability in 25 easy and Versus Counsel for Petitioner(s) : Satya Prakash Singh Counsel for Respondent(s) : C.S.C., Ramesh Kumar Shukla Virendra Kumar Sharma .....Petitioner(s) The State Of U.P. And 2 Others .....Respondent(s) reasonable installments, in the interest of justice and equity. 5. On the other hand, learned counsel for respondent no. 3 has not opposed the prayer of the petitioner for grant of reasonable time to liquidate the outstanding dues, subject to the condition that the petitioner adheres strictly to the payment schedule. 6. Considering the facts and circumstances of the case, the nature of the dispute, and the willingness shown by the petitioner to clear the outstanding dues, this Court is of the view that ends of justice would be served by granting an opportunity to the petitioner to repay the amount in installments. Accordingly, the petitioner is permitted to deposit the entire outstanding amount in 25 equal monthly installments. The first installment shall be deposited within a period of one month from today, and the subsequent installments shall be deposited by the 15th day of each succeeding month. During the aforesaid period, the impugned recovery proceedings shall remain stayed. 7. It is made clear that in case of default in payment of any two consecutive installments, this order shall automatically stand vacated and the respondent- bank shall be at liberty to proceed in accordance with law. 8. With the aforesaid observations and directions, the present petition stands disposed of. April 16, 2026 A. Tripathi WRIC No. 10180 of 2026 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad