Rajendra Prasad Mishra vs State of U.P. Thru. Prin. Secy. Deptt. of Cooperative Lko. and 4 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - C No. - 2399 of 2026

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Rajendra Prasad Mishra

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative Lko. And 4 Others

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Cooperative Lko. And 4 Others .....Respondent(s) Counsel for Petitioner(s) : Rajesh Kumar Shukla Counsel for Respondent(s) : C.S.C., Vinod Kumar Singh

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Court No. - 19

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HON'BLE SYED QAMAR HASAN RIZVI, J.

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Heard Shri Rajesh Kumar Shukla, learned counsel for petitioner, Shri Vikas Rai, learned Counsel appearing for the respondent nos.1 & 4 and Shri Vijay Prakash Mishra, Advocate holding brief of Shri Vinod Kumar Singh, learned counsel appearing on behalf of the respondent nos. 2, 3 & 5/bank and perused the material available on record.

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By means of the present writ petition, the petitioner has prayed for the following reliefs:

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"(i)Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned Declaration of Land Auction dated 9.12.2025 fixed for auction of mortgaged land on 13.3.2026 at 1.00 p.m. amounting to Rs.3,20,000/-, in Panchayat Bhawan/Public Place Bangar Khurd as contained in Annexure No.1 to the writ petition.

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(ii) Issue a writ, order or direction in the nature of Mandamus restraining the opposite parties not to auction the land in question of the petitioner in pursuance of the impugned Declaration of Land Auction dated 9.12.2025 and allow the petitioner to repay the loan amounts in easy installments after providing relaxation in interest."

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It has been submitted by learned counsel for petitioner that the petitioner had taken an agricultural loan of Rs.80,000/- from

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WRIC No. 2399 of 2026

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2

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respondent-Bank. To secure the aforesaid loan, the petitioner had mortgaged his agricultural land having Gata No. 1161, situated in Village Bangar Khurd, Tehsil Kadipur, District Sultanpur. As the petitioner has not been able to deposit the outstanding amount of loan, auction notice has been issued on 09.12.2025 by the respondent-bank to auction the mortgaged agricultural land of the petitioner.

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Learned counsel for petitioner submits that due to serious health issues, the petitioner could not repay the loan amount but now he is ready and willing to repay the entire amount of loan in easy installments.

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Learned counsel appearing on behalf of the respondents-Bank on the basis of instructions submits that the Bank is accepting the willingness of the petitioner to repay the outstanding amount of loan in easy installments. He has informed the Court that the amount due against the petitioner is Rs.3,64,773/- as on 27.02.2026.

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Accordingly, with the consent of the parties, this petition is disposed of with the following directions:-

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(i) The petitioner shall deposits Rs.1,00,000/- till 30.03.2026, on deposition of the said amount, no coercive measure shall be taken against the petitioner pursuant to the impugned auction notice dated 09.12.2025.

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(ii) Upon deposit of aforesaid amount, the Bank shall calculate the dues of the petitioner, after adjusting the amount already paid and shall furnish statement of the account to the petitioner and the petitioner shall pay the remaining outstanding amount in eight equal quarterly installments commencing from 01.07.2026 and the last installment shall be contained interest and all the outstanding amount due to the petitioner.

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(iii) The petitioner shall not create any third party right or interest in respect of the aforesaid mortgaged property till entire outstanding dues is repaid to the concerned Bank.

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It is made clear that in case the petitioner violates any of the aforesaid condition, the respondent-Bank shall be at liberty to initiate recovery proceedings in accordance with law.

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WRIC No. 2399 of 2026

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3

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It is open for the concerned Bank to extend the benefit of loan waiver scheme, if any, to the petitioner, as per the relevant policy of the Bank.

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With the aforesaid observations/directions, this petition is disposed of.

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February 27, 2026 Arun

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(Syed Qamar Hasan Rizvi,J.)

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rajendra Prasad Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Cooperative Lko. and 4 Others

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Rajendra Prasad Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Cooperative Lko. and 4 Others

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