Petitioner defaulted on a 2011 loan of Rs.25 lakhs. The Court directed him to clear dues of Rs.23.22 lakhs within two months as arrears of land revenue, with immediate recovery action if he fails.
Petitioner to clear dues of Rs.23,22,766/- within two months; failure leads to immediate recovery.
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Court No. - 40
Case :- WRIT - C No. - 18604 of 2018
Petitioner :- Raj Kumar Verma Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Santoosh Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner and Sri Uma Dutt Shukla, learned counsel for the respondent bank.
The petitioner admittedly has defaulted in repayment of the loan and recovery of Rs.23,22,766/- is sought to be made from the petitioner as arrears of land revenue in terms of the U.P. Revenue Code, 2006 and the 2016 Rules framed thereunder.
The citation is more than a year old of 26.03.2017. The petitioner has now arrived before this Court contending that some breathing time may be granted so that he may be able to repay the loan.
Keeping in view the fact that the loan is of the year 2011 and which was for a sum of Rs.25 lakhs we find that the nature of the business of the petitioner which is that of a Silversmith does not call for any interference by this Court. The petitioner may clear off the entire dues within two months from today. In the event of any failure on the part of the petitioner the recovery shall be set into motion forthwith.
The writ petition is consigned to records.
Order Date :- 23.5.2018 R./
2 issues framed by the court
Whether the petitioner should be granted breathing time to repay the loan arrears.
Whether this Court should interfere in the non-judicial recovery of land revenue arrears.
2 provisions across 2 enactments
Raj Kumar Verma
State Of U P
3 Others
Amreshwar Pratap Sahi
Shashi Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
