Ganga Prasad v. State of U.P. Thru. Secy Revenue Deptt. Civil Secrt. Lucknow and Others

Court No. - 3 Case :- WRIT - C No. - 9854 of 2023 Petitioner :- Ganga Prasad Respondent :- State Of U.P. Thru. Secy Revenue Deptt. Civil Secrt. Lucknow And Others Counsel for Petitioner :- Rakesh Kumar,Anuj Pratap Singh Counsel for Respondent :- C.S.C.,Anurag Srivastava Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for petitioner, Ms. Ruby Chaudhary, learned counsel for respondent Bank and learned Standing Counsel for State. By present writ petition, the petitioner has challenged the demand notice dated 17.08.2023. Learned counsel for respondent Bank on instructions states that an amount of Rs.4,01,907/- as on 14.08.2022 is due to be paid by petitioner against his loan. Learned counsel for petitioner submits that the petitioner is ready to deposit the entire loan amount with the respondent Bank in easy installments. Learned counsel for respondents have no objection in case the petitioner deposit the loan amount in installments. In view of aforesaid, with the consent of parties counsel, the following order is passed:- The petitioner is permitted to deposit an amount of Rs.1,00,000/- with the respondent Bank within a month from today and rest amount in four equal installments within a year. The interest shall be paid with the last installments. It is made clear that no other charges shall be recovered from the petitioner in view of law settled by this Court in Writ Petition No.13628 (M/S) of 2017, Krishna Bahadur Singh and another Vs. Collector, Bahraich and others. The amount, which is already deposited by the petitioner, shall be taken into consideration while fixing the installments. Subject to the said payments, the demand notice dated

17.08.2023 shall remain stayed. In case of two consecutive failures of installments, it shall be open for the respondent authorities to initiate recovery proceedings against the petitioner in accordance with law. With the aforesaid, the writ petition is disposed of. Order Date :- 7.11.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench