Court No. - 24 Case :- MISC. SINGLE No. - 4385 of 2010 Petitioner :- Jagat Lal Yadav S/O Prithvi Pal Yadav Respondent :- District Magistrate/Collector, Barabanki & Ors. Petitioner Counsel :- Farooq Ayoob Respondent Counsel :- C.S.C.,Anurag Srivastava Hon'ble Rajiv Sharma,J.
Heard learned counsel for the petitioner and learned Standing Counsel for
opposite parties No. 1 and 2 and Ms Anuradha Singh holding brief of Sri
Anurag Srivastava for opposite party No.3.
With the consent of learned counsel for the parties, this writ petition is being
disposed of at the admission stage.
By means of the instant writ petition, the petitioner prays for quashing of the
citation notice dated 15.1.2010 passed by the opposite party No.2 as contained
in Annexure No. 1 to the writ petition.
It has been stated in the writ petition that the petitioner had taken a loan of
Rs.2,70,000/- for purchasing a tractor in the year 2004 from the opposite party
No.3-Bank and paid certain amount to the opposite party no.3 but on account
of financial crisis, the petitioner failed to pay the remaining amount within the
stipulated time to the opposite party No.3- Bank and as such, the revenue
authorities have proceeded to initiate recovery proceedings to recover the
amount.
Learned counsel for the petitioner submits that the petitioner is ready to pay
the outstanding amount in easy installments, to which learned counsel for the
opposite parties has no objection.
Keeping in view the commitment of the petitioner, it is provided that in case
the petitioner deposits 25% of the outstanding amount within a period of one
month from today, the recovery proceedings shall remain in abeyance and no
coercive method shall be adopted against the petitioner. It is further provided
that the petitioner will deposit the remaining balance of the outstanding dues
in three equal quarterly instalments. The first instalment will fall due in
November, 2010. The last instalment will also carry the interest amount. The
instalments shall be paid by 5th to 15th of the calendar month. In case of
default of the above conditions, the benefit of this order will not be extended
to the petitioner and the respondents shall be entitled to recover the entire
outstanding loan amount in one lump sum.
With these observations and directions, the writ petition is finally disposed of.
Order Date :- 5.8.2010
Ajit/-