Daya Shanker Singh Vs Sub Divisional Officer… — Writ and Judicial Review | Allahabad HC (2025)

Daya Shanker Singh Vs Sub Divisional Officer… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Conditional restraint on recovery: the respondent-Bank is stopped from taking steps for sale of the petitioner's property and barred from coercive measures for four months, provided the petitioner deposits Rs.2 lacs with the Bank on or before 26th February, 2025 and brings a willing buyer for part of the property (whose payment transmits the directed amount to the Bank); on failure, the Bank may recover in accordance with law.

Issue for consideration

Whether the respondent-Bank should be restrained from taking steps for sale/attachment of the petitioner's property, subject to the petitioner depositing Rs.2 lacs with the Bank on or before 26th February, 2025 and bringing to the Bank a willing buyer to purchase part of the property within four months. +1 more

Court's answer

Steps for sale of the petitioner's property shall not be taken, subject to the petitioner depositing an amount of Rs.2 lacs with the respondent-Bank on or before 26th February, 2025.

Ratio / Principle

The petitioner shall thereafter take to the respondent-Bank a buyer willing to purchase a part of the property; the respondent-Bank shall consider the petitioner's application subject to the proposed buyer transmitting the amount directed to the respondent-Bank, with such steps to be completed within four months from today.

Key takeaways

The balance amount, if any, remaining after the sale of the property shall be recovered by the Bank in accordance with law.ratio¶¶11
In the event of the petitioner's failure to give the amount of Rs.2 lacs or to take a buyer before the respondent-Bank within four months from today, the respondent-Bank shall be at liberty to recover the amount in accordance with law.ratio¶¶13
For a period of four months from today, the respondent-Bank cannot take any coercive measure against the petitioner.ratio

Detailed headnote1 paragraphs

MATTERS UNDER ARTICLE 227 No. 414 of 2025 (Allahabad HC, Lucknow Bench; Pankaj Bhatia, J.; decided 28.1.2025) — Petitioner Daya Shanker Singh, aggrieved by the respondent-Bank's attachment of his properties for loan recovery (an earlier petition having been disposed on 21.11.2019 with installment payments, compliance failing after the deaths of his son and daughter), obtained a conditional disposal: steps for sale of the property shall not be taken and no coercive measure shall be taken for four months, subject to the petitioner depositing Rs.2 lacs with the respondent-Bank on or before 26th February, 2025 and bringing to the Bank a willing buyer of part of the property, whose transmitted payment the Bank will consider; any balance after sale is recoverable by the Bank in accordance with law, and on the petitioner's default within four months the Bank is at liberty to recover the amount in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:5545

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 414 of 2025

Petitioner :- Daya Shanker Singh Respondent :- Sub Divisional Officer Tarabganj District Gonda And 2 Others Counsel for Petitioner :- Vinay Kumar Tiwari Counsel for Respondent :- C.S.C.,Vinod Kumar Singh

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and Shri Vijay Prakash Mishra, Advocate holding brief of Shri Vinod Kumar Singh, learned counsel for respondent No.3.

The present petition has been filed by the petitioner aggrieved against the action of the respondent-Bank in attaching the properties of the petitioner for recovery of the loan.

Earlier, the petitioner had approached this Court aggrieved against the proceedings for recovery. The said petition was disposed of vide order dated 21.11.2019 permitting the petitioner to pay the amounts in installments.

It is argued that subsequent thereto, son and daughter of the petitioner died, as such, he could not comply with the directions given by this Court and now steps are being taken for attaching the property. The petitioner is ready and willing to bring a buyer before the Bank, who shall give the consideration amount as directed to the Bank and the respondent-Bank may permit to sell a part of the property so that the loan can be off-set. He further undertakes that the petitioner shall place some total amount.

In view thereof, the present petition is disposed of directing that the steps shall not be taken for sale of the property, subject to the petitioner depositing an amount of Rs.2 lacs with the respondent-Bank on or before 26th February, 2025. The petitioner shall thereafter, take a buyer, willing to purchase a part of the property to the respondent-Bank and the respondentBank shall consider the application of the petitioner subject to the proposed buyer transmitting the amount directed to the respondent-Bank.

The said steps shall be taken by the petitioner within a period of four months from today. The balance amount, if any, after the sale of the property, shall be recovered by the Bank in

accordance with law.

In the event of failure of giving the amount of Rs.2 lacs or taking a buyer before respondent-Bank within a period of four months from today, the respondent-Bank would be at liberty to recover the amount in accordance with law.

For a period of four months from today, the Bank cannot take any coercive measure against the petitioner.

The petition stands disposed of .

Order Date :- 28.1.2025 Ashutosh

Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench