Ram Narayan Yadav and Another v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 40197 of 2023 Petitioner :- Ram Narayan Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Verma,Akansha Verma Counsel for Respondent :- CSC,Kamal Nayan Tripathi Hon'ble Mrs. Manju Rani Chauhan,J. Vakalatnama filed by Mr. Devendra Pratap Singh, learned counsel on behalf of respondent no. 3, is taken on record. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Mr. Devendra Pratap Singh, learned counsel for the respondent no. 3. With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit. The present petition has been filed with the following prayers: "(i) issue a writ, order or direction, in the nature of certiorari quashing the impugned recovery citation dated 12.10.2023 amount Rs. 21,26,487/- + other (annexure no. 1 to the writ petition) issued by the Office of Tehsildar Sadar, Mirzapur against the petitioners.

(ii) issue a writ, order or direction, in the nature of mandamus commanding the respondent no. 2 not take any coercive method against the petitioner in pursuance of the impugned recovery citation dated 12.10.2023 amount Rs. 21,26,487/-+ other (annexure No. 1 to the writ petition) issued by the office of Tehsildar Sadar, Mirzapur." Learned counsel for the petitioner submits that the petitioner took a loan of Rs. 15,00,000/-in the year 2016 from the concerned Bank but due to some personal difficulty he could not maintain the regular payment of installments, therefore, Recovery Citation dated 12.10.2023 amount Rs. 21,26,487/-+ other charges has been issued against him. Learned counsel for the petitioner submits that the petitioner is ready and willing to deposit the entire recovery amount within the time fixed by this Court. Learned counsel appearing for the Bank fairly states that the Bank is interested in realizing the entire amount alongwith interest and if the petitioner deposits the amount within the time granted by this Court, no further action shall be taken against the him by the Bank. Considering the facts and circumstances of the case and in the interest of justice, the present writ petition is disposed off with the following directions:-

(i) Petitioner shall deposit a sum of Rs.1,00,000/- within one month from today. Thereafter the entire balance amount shall be deposited in ten equal quarterly installments.

(ii) The installments shall be deposited in first week of respective calendar month.

(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start recovery proceedings again by taking coercive process to which the petitioner undertakes not to challenge.

(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner within fifteen days from the date of deposit of the first installment and in calculating the arrears, the amount (if any) already paid be adjusted.

(v) If the entire amount is deposited by the petitioner, as directed above, no recovery charges shall be realized from the petitioner.

(vi) If any fact stated by the petitioner is found to be incorrect, it will be open for the authorities to move an application for modification/recall of the order. Order Date :- 22.11.2023 Arti High Court of Judicature at Allahabad