Allowed

Radheshayam v. State of up Thru. Collector Sitapur and others

Allahabad HC12 May 2022/2684/2022

Case brief

AI extract

What is this about?

Single judge allowed the petitioner, a poor farmer, to repay a loan of Rs.98,380 in easy instalments over two years. The order permits a down payment of Rs.10,000 and stay of demand notice recovery proceedings.

What did the court decide?

Petitioner permitted to repay loan of Rs.98,380 in eight equal quarterly instalments of Rs.10,000 initial payment within two months, total principal payable in two years; stay on demand notice.

Radheshayam Vs State of up Thru. Collector Sitapur… — Service and Employment | Allahabad HC (2022)

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Court No. - 8

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Case :- WRIT - C No. - 2684 of 2022

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Petitioner :- Radheshayam Respondent :- State Of Up Thru. Collector Sitapur And Others Counsel for Petitioner :- Lalji Prasad Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Vivek Chaudhary,J.

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Heard learned counsel for petitioner and Sri Sanjiv Kumar Singh, learned counsel for respondent Bank as well as learned standing counsel.

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By present writ petition, the petitioner has prayed for a mandamus to respondent Bank to issue easy instalments against the loan amount of Rs.98,380/- which is sought to be recovered from the petitioner.

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Learned counsel for petitioner submits that the petitioner is the poor farmer and is ready to deposit the entire loan amount with the respondent-Bank in easy instalments.

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Learned counsel for respondents have no objection in case the petitioner deposits the loan amount in instalments.

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In view of aforesaid, with the consent of parties counsel, the following order is passed.

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The petitioner is permitted to deposit an amount of Rs.10,000/- (ten thousands) with the respondent Bank within two months from today and rest amount in eight equal quarterly instalments within two years. The interest shall be paid with the last instalment. It is made clear that no other charges shall be recovered from the petitioner in view of law settled by this Court in Writ Petition No.13628 (M/S) of 2017, Krishna Bahadur Singh and another Vs. Collector, Bahraich and others .

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The amount, if any, already deposited by the petitioner, shall be taken into consideration while fixing the instalments. Subject to the said payments, the operation of demand notice dated 8.3.2014 shall remain stayed.

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In case of failure of two consecutive installments, it shall be open for the respondent authorities to initiate recovery proceedings against the petitioner in accordance with law.

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With the aforesaid, the writ petition is disposed of.

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Order Date :- 12.5.2022 Rajneesh JR-PS)

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(Vivek Chaudhary, J.)

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Digitally signed by RAJNEESH KUMAR Date: 2022.05.12 15:50:01 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Radheshayam v. State of up Thru. Collector Sitapur and others

Case brief

What is this about?

What did the court decide?

Radheshayam v. State of up Thru. Collector Sitapur and others

Case brief

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What did the court decide?

What the court decided

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