Hari Singh v. State of U.P. and 4 Others

Court No. -6 Case :-WRIT -C No. -36826 of 2023 Petitioner :-Hari Singh Respondent :-State Of U.P. And 4 Others Counsel for Petitioner :-Ravi Pandey Counsel for Respondent :-C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Ravi Pandey, learned counsel for the petitioner, Mr. Manoj Nigam, learned counsel for respondent-Bank and learned Standing Counsel for the State-respondents. 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 a prayer to quash the order dated 25.05.2023 passed by respondent no.4 by which land of the petitioner had been kurked in pursuance of recovery of agricultural loan Rs.1,95,000/-. It is further prayed not to adopt any coercive measure to attach the above property and accept the aforesaid loan in easy installments as per kurki order dated 25.05.2023 passed by respondent no.4 for recovery of Rs.195000/-. Learned counsel for the petitioner submits that the petitioner had taken loan of Rs.90,000/-from the respondent-Bank, for the business of Animal Husbandry, in the year 2009. He has paid the installments of the loan amount from time to time, but due to some personal difficulty he could not deposit few installments. He further submits that the petitioner has already deposited Rs.50,000/-but still without giving any notice and statement of the loan account, recovery order has been issued against him. Learned counsel for the petitioner further submits that the petitioner is ready and willing to deposit the entire recovery amount within the time fixed by this Court. On the basis of instructions, learned counsel for respondent-Bank submits that as on date the outstanding amount towards loan is Rs.3,42,289/-. He further states that the Bank is interested in realizing the entire amount alongwith interest and if the petitioner deposit the amount within the time granted by this Court, no further action shall be taken against the him by the Bank. The statement of account will be provided to the petitioner within one month. 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.50,000/- of the amount on or before 1st January, 2024. Thereafter, the entire balance amount shall be deposited in four 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 undertake 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 :- 30.11.2023 Rahul. High Court of Judicature at Allahabad