Disposed

Abdul Samad v. State of U.P. and 3 Others

Allahabad HC7 Jun 2018WRIC/21082/2018

Case brief

AI extract

What is this about?

In a writ petition regarding agricultural loan recovery, the court directed the petitioner to deposit the dues in eight quarterly installments, stay recovery proceedings, release attached property upon payment of the first installment, and determine collection fees according to legal provisions and a Full Bench decision.

What did the court decide?

Deposit of loan amount in eight quarterly installments; stay of recovery proceedings; release of attached tractor upon first installment; determination of collection charges as per law.

Abdul Samad Vs State of U.P. and 3 Others — Allahabad HC (2018) — LawSathi Research

¶1

Court No. - 7 Case :- WRIT - C No. - 21082 of 2018 Petitioner :- Abdul Samad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Mustafa Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava

¶2

Hon'ble Surya Prakash Kesarwani,J.

¶3

Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Gyan Prakash Shrivastava, learned counsel for the respondent No.4.

¶4

Learned counsel for the petitioner states on instruction that the petitioner does not want to press the relief No.1. He further states that the relief may be moulded and a direction may be issued to the respondent No.4 to accept the legally due agriculture loan and interest from the petitioner in easy instalments. As per recovery certificate issued by the respondent No.4 dated 16.03.2018, the total amount due against the petitioner is Rs.7,48,254/excluding collection charges.

¶5

Learned counsel for respondent No.4 states that the respondent No.4 is ready to accept the balance amount from the petitioner in easy instalments.

¶6

In view of the aforesaid, this writ petition is disposed of with the following directions:

¶7

(i) Petitioner may deposit the entire amount sought to be recovered, directly in the concerned Bank in eight equal quarterly instalments .

¶8

(ii) The first instalment shall be deposited by 15th day of the next month and the rest of instalments shall be deposited at an interval of three months thereafter. These deposits shall be made before the Branch of the Bank from where the loan was taken.

¶9

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

¶10

(iv) Petitioners may file an application within two weeks from today 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 copy of statement of account to the petitioner within next fifteen days. In calculating the arrears, the amount (if any) already paid will be adjusted.

¶11

(v) Property (agricultural land/tractor) belonging to the petitioner, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has been auctioned) after deposit of first instalment.

¶12

(vi) In case all the instalments are deposited as per the schedule fixed in this order, the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioner for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Maharajwa and others Vs. State of U.P. and others, reported in 2013(1) ADJ 426 (FB) . Upon determination of collection charges/fee the Collector will communicate the same to the petitioner and upon communication of the same it would be open to the petitioner to either deposit the same within a period of 30 days or if not satisfied with the same, may assail the order of the Collector in appropriate proceedings.

¶13

Learned counsel for the respondent no.4 states that possession of the Tractor bearing registration No.U.P.55F-6015 of the petitioner has been taken over by the respondent no.4. If it is so, it is directed that on deposit of the first instalment by the petitioner the tractor in question shall be released.

¶14

Order Date :- 7.6.2018/vkg

Abdul Samad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Abdul Samad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Smt. Karishma and Another Vs State of U P and 2 Others

priyanka jaiswal Vs f.c. chaudhary, divisional manager and another

Alimunnisha and 6 Others Vs State of U.P. and 5 Others

Smt. Anjali and Another Vs State of U.P. and 4 Others

Smt. Sapana and Another Vs State of U P and 3 Others

Ram Murti Vs State of U.P. and 8 Others