Ram Bahadur vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Ram Bahadur vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to deposit Rs. 50,000/- with the Bank on or before 23.01.2025; on such deposit the Bank to accept the amount and adjourn the auction proceedings subject to payment of the remaining total outstanding within one month thereafter; in default, the Bank left free to proceed with the auction. No quashing of the Land Auction was ordered.

Issue for consideration

Whether the impugned Land Auction dated 17.12.2024 passed by respondent no.4, Uttar Pradesh Sahkari Gram Village Bank Limited Branch Ballia, District Ballia, should be quashed. +1 more

Court's answer

If the Rs. 50,000/- is deposited within the said period, the Bank shall accept it and the auction proceedings may be adjourned subject to the remaining amount of total outstanding being paid by the petitioner within one month thereafter.

Ratio / Principle

An amount of Rs. 50,000/- is to be deposited by the petitioner with the Bank on or before 23.01.2025 (upfront deposit agreed by counsel on both sides).

Key takeaways

In default of the payments, it will be open for the Bank to proceed with the auction proceeding.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.), WRIT - C No. 1809 of 2025, Ram Bahadur v. State of U.P. & 3 Others, order dated 22.1.2025. The petitioner, having defaulted on a loan from U.P. Sahkari Gram Village Bank Ltd., Branch Ballia, faced a Land Auction dated 17.12.2024 with the sale scheduled for 24.01.2025, and prayed for quashing of the auction along with repayment in easy installments, deduction of recovery charges and adjustment of his Rs. 19,300/- deposit. Instead of quashing, the Court, with consent of counsel on both sides to an upfront deposit, disposed of the petition directing deposit of Rs. 50,000/- with the Bank on or before 23.01.2025; on such deposit the Bank was to accept the amount and adjourn the auction subject to the petitioner paying the entire remaining outstanding within one month thereafter, failing which the Bank remained free to proceed with the auction.

Neutral Citation No. - 2025:AHC:10579

Court No. - 33

Case :- WRIT - C No. - 1809 of 2025

Petitioner :- Ram Bahadur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Mishra Counsel for Respondent :- C.S.C.,Vivek Kumar Rai

Hon'ble Vikram D. Chauhan,J.

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

The present writ petition is filed with the following prayer:

"1. Issue a writ order or direction in the nature of certiorari quashing the impugned Land Auction dated 17.12.2024 passed by respondent no.4 Uttar Pradesh Sahkari Gram Village Bank Limited Branch Ballia, District Ballia (Annexure No.1).

2. Issue a writ, order or direction in the nature of mandamus directing the respondent No.4 to accept the entire amount in easy installment which was fixed by this Hon'ble Court and further the recovery charges be deducted and the amount of Rs. 19300/- deposited by the petitioner be also deducted by respondent no.4."

It is submitted by learned counsel for the petitioner that petitioner had taken a loan from the Bank and could not repay the same as such Bank has initiated auction proceedings, which is scheduled to be held on 24.01.2025. He submits that petitioner is ready to repay the dues of the bank.

Learned counsel for the respondent-Bank submits that some amount may be deposited by the petitioner as upfront amount.

Learned counsel for the petitioner has no objection to the same.

In view thereof, let an amount of Rs. 50,000/- be deposited by the petitioner with the Bank on or before 23.01.2025. In the event, such an amount is deposited by the petitioner within the said period, the same shall be accepted by the Bank and auction proceedings may be adjourned subject to the condition that remaining amount of total outstanding shall be paid by the petitioner within one month thereafter. In default, it will be

open for the Bank to proceed with the auction proceeding.

With the aforementioned observation/direction, the writ petition is disposed of.

Order Date :- 22.1.2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad