Disposed

Ajay Bir Chandel v. State of U.P. and 3 Others

Allahabad HC8 Jan 2020WRIC/8903/2019

Case brief

AI extract

What is this about?

PETitioner filed writ petition seeking quashing of recovery citation. Court directed deposit of outstanding amount in three installments, stayed recovery proceedings, and provided for supply of account statement upon first installment payment.

What did the court decide?

Petitioner directed to deposit entire amount in three by-monthly installments; recovery proceedings stayed; account statement to be supplied.

Ajay Bir Chandel Vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 8903 of 2019

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Petitioner :- Ajay Bir Chandel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Farman Ahmad Naqvi,Syed Farman Ahmad Naqvi Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

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This writ petition, inter alia, has been filed for the following reliefs:-

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"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned undated recovery citation (Annexure No. 2) issued by the respondent No. 4, on the basis of letter of respondent No.3 dt. 31.12.2018, for the recovery of Rs. 7,68,194/-.

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(ii) issue a writ, order or direction in the nature of Mandamus directing and commanding the respondents not to make any kind of recovery from the petitioner in pursuant to the impugned undated recovery citation issued by the respondent No.4."

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Heard learned counsel for the petitioner and learned Standing Counsel for State.

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After arguing the matter for quite some time, learned counsel for the petitioner has confined his prayer to the extent that he is ready to deposit the entire outstanding amount in easy instalments within the time fixed by this Court.

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Learned counsel for respondents states that the anxiety is that the entire amount should be realized and has no objection if the installments are fixed in the matter by this Court.

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Accordingly, this writ petition is disposed of with the following directions:

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(i) The petitioner shall deposit the entire amount due to the respondent - Authority in three by-monthly installments .

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(ii) Petitioner shall deposit a sum of Rs. 2,00,000/- (Two Lakhs Only) on or before 31st March, 2020. Thereafter the balance amount shall be deposited in three equal installments at the interval of two months i.e. on 31st May 2020, 31st July 2020 and 30th September 2020, respectively.

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(iii) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope.

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In case any such application is filed, the concerned Authority will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.

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(iv) If the entire amount is deposited by the petitioner as directed above, no recovery charges shall be realized from the petitioner.

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(v) Recovery proceedings during this period shall remain in abeyance. In case petitioner commits default in depositing any of the aforesaid installments within the stipulated period of time, it will be open to the respondents to start the recovery proceedings again by taking coercive process.

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(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.

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With this observation and direction, the writ petition stands finally disposed of.

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Order Date :- 8.1.2020 Amit Mishra

Ajay Bir Chandel v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ajay Bir Chandel v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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