Disposed

Ram Autar (Deceased) v. State of U.P and 3 Others .

Allahabad HC12 Feb 2021WRIC/4877/2021

Case brief

AI extract

What is this about?

The single-judge High Court disposed of a writ petition seeking quashing of recovery proceedings against a deceased farmer's loan. The court directed the petitioner to deposit a lump sum amount in one month followed by quarterly installments, with a stay on recovery proceedings conditional on compliance. It also informed the petitioner about the agricultural loan waiver scheme.

What did the court decide?

Stay of recovery proceedings conditional on deposit of Rs. 2,00,000/- in one month and subsequent quarterly instalments.

Ram Autar (Deceased) Vs State of U.P and 3 Others . — Corruption | Allahabad HC (2021)

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Court No. - 37

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Case :- WRIT - C No. - 4877 of 2021

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Petitioner :- Ram Autar (Deceased) Respondent :- State Of U.P And 3 Others . Counsel for Petitioner :- Mukesh Chandra Gupta Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the petitioner, Sri Krishna Mohan Asthana, learned counsel for respondent-bank and learned Standing Counsel for the State respondents.

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By this writ petition, the petitioner,Santosh Sharma (son of late Ram Autar) through his legal heir in the present petition has prayed for quashing impugned recovery citation has been issued against Ram Autar by respondent no.4 through Tehsildar, Tehsil Bah, District- Agra for a sum of Rs. 7,79,377/- alongwith interest.

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Learned counsel for the petitioner submits that the father of the petitioner had taken a loan under the K.C.C. scheme of Rs.3,00,000/- from the respondent bank for the purposes of agriculture, thereafter father of the petitioner died on 8.10.2016 in spite of that the respondent through Tehsildar has issued recovery against Ram Autar, petitioner's father.

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Learned counsel for the petitioner next submitted submitted that Santosh Sharma legal heirs of late Ram Autar is ready to deposit the entire amount within the time fixed by this Court.

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Learned counsel appearing for the bank states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposit the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.

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On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:

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The petitioner shall deposit an amount of Rs.2,00,000/- (two lacs) within one month. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in six equal quarterly

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installments.

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First installment to be paid on or before 12.6.2021 and thereafter within every three months. The amount shall be deposited by the petitioners in the bank. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.

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In case the petitioner is covered under the Scheme in question for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.

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Order Date :- 12.2.2021 Akbar

Ram Autar (Deceased) v. State of U.P and 3 Others .

Case brief

What is this about?

What did the court decide?

Ram Autar (Deceased) 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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