Lalit Kumar v. State of U.P. and 5 Others

Court No. - 6 Case :- WRIT - C No. - 34227 of 2023 Petitioner :- Lalit Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sundeep Shukla Counsel for Respondent :- C.S.C.,Satish Chaturvedi,Vatsala Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Sundeep Shukla, learned counsel for the petitioner, Mr. Pankaj Srivastava, learned counsel for respondent no.4, Mr. Arvind Singh, learned counsel for respondent no.5, Mr. Vatsala, learned counsel for respondent no.6 and learned Standing Counsel for the State-respondents. This writ petition has been filed by the petitioner with a prayer to quash the impugned auction notice dated 30.08.2023 passed by Collector/Assistant Collector, Muzaffar Nagar scheduled to be held on 30.09.2023 with regard to Khata Numbers 425 (entire), 305 (1/4th) and 105 (1/6th) area measuring 2.3200 hectare, 1.9180 hectare and 1.5260 hectare (total area 1.7448 hectare) situated at Village Barla, Tehsil Sadar, Distirct Muzaffar Nagar of the petitioner and a further prayer to direct respondent nos.4 to 6 to provide statement of account to the petitioner and provide reasonable time to the petitioner to pay the rest of the loan amount. Learned counsel for the petitioner submits that the petitioner took a loan from respondent nos.4, 5 and 6 against agricultural land at present being Khata Nos. 425, 305 and 105, area measuring 2.3200 hectare, 1.9180 hectare and 1.5260 hectare situated at Village-Barla, Tehsil-Sadar, District-Muzaffar Nagar in the year 2012. He has moved an application before respondent nos.4, 5 and 6 requesting them to provide statement of account but nothing has been done till date. Learned counsels for respondent nos. 4, 5 and 6 submit that as auction proceedings have already been initiated in view of settled provision of law, no interference is required by this Court. However, in case if he moves an application before respondent nos.4, 5 and 6 (Banks), statement of account shall be provided to him. With the aforesaid direction, the instant writ petition is disposed off. Order Date :- 1.11.2023 Kalp Nath Singh High Court of Judicature at Allahabad