Bipatiya v. State of U.P. and 2 Others
Case brief
What is this about?
The High Court disposed of a writ petition for quashing a sale proclamation. It directed the petitioner to deposit the loan amount in installments. If complied with, the bank cannot take further action and must provide a simple account statement. Default would revive recovery proceedings.
What did the court decide?
Sale proclamation set aside; petitioner to deposit loan in installments; bank to provide simplified account statement.
What the court decided
Court No. - 35
Case :- WRIT - C No. - 20308 of 2019
Petitioner :- Bipatiya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Durga Prasad Counsel for Respondent :- C.S.C.,Abhishek Mishra,Rohit Yadav
Hon'ble Rohit Ranjan Agarwal,J.
- Heard Sri Durga Prasad, learned counsel for the petitioner and Sri Rohit Yadav, learned counsel for the respondent bank.
- With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit.
- By this writ petition, the petitioner has prayed for quashing of the proclamation to sale of land dated 13.5.2019 for Rs.3,06,290/- plus other charges.
- The petitioner had taken a loan of Rs.60,000/- for agricultural purpose. It is admitted to the petitioner that a default has been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him.
- Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court.
Issues for consideration
3 issues framed by the court
Whether the writ petition for quashing the sale proclamation should be allowed on the petitioner undertaking to deposit the due amount.
Whether the bank should be directed to provide a simplified statement of account to the lay-man petitioner.
Whether the sale proclamation should be set aside if the petitioner defaults on the installment direction.
Parties & counsel
- petitioner
Bipatiya
- respondent
State Of U.P.
- respondent
Respondent bank
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- WRIC/20308/2019
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