G.P.MATHUR, J. - (1.) THIS writ petition under Article 226 of the Constitution has been filed praying that the citation dated 20.5.2001 issued by the Tehsildar, Jamanta, district Ghazipur, and also the attachment of properties made on 20.7.2001 be quashed and a direction be issued to the respondents not to auction the properties of the petitioner.
(2.) WE have heard the learned counsel for the petitioners, Sri A. K. Singh for respondent No. 3 and learned standing counsel for respondent Nos. 1 and 2. The petitioners took a loan of Rs. five lakhs from Urban Cooperative Bank Ltd., Ghazipur, which was sanctioned on 21.7.1990. A citation dated 20.5.2001 has been issued by the Tehsildar, Jamanla, Ghazipur, for recovery of Rs. 17,97,345. In paragraphs 8 and 12 of the writ petition, it is averred that the petitioners had filed two writ petitions earlier, but the copies of orders passed in the aforesaid writ petitions were not filed. We accordingly passed an order for filing of the copies of the orders passed in the said writ petitions. The petitioner thereafter filed a supplementary -affidavit which reveals the following facts.
(3.) ON 11.4.1991. a citation for recovery of Rs. 6,39,498 was issued against petitioner No. 1. The petitioner No. 1 then filed C.M. Writ Petition No. 15461 of 1991 challenging the said citation which was finally disposed of on 18.11.1991 and the operative portion of the order reads as follows : 'After hearing the learned counsel for the petitioner, we are not inclined to go into the merits of the case as the counsel for the petitioner at the very outset has given an undertaking on behalf of the petitioner that the petitioner is ready to pay the entire dues plus uptodate interest and half of the recovery charge in case the petitioner is permitted to repay the same in four equal instalments. To this, the counsel for the respondent has no objection. The petitioner has further given an undertaking that he has not filed any other writ petition against the recovery. We. therefore, stay the recovery proceedings initiated against him for realisation of outstanding dues provided the petitioner deposits the entire dues in four equal instalments plus uptodate interest and half of the recovery charges. The first instalment shall be payable by 18.1.1992, second instalment by 18.3.1992, third instalment by 18.5.1992 and the fourth instalment by 18.7.1992.in case of default in deposit of any of the instalments, within stipulated period, the order staying the recovery proceedings shall stand automatically vacated and it will be open to the respondents to realise the entire amount as arrears of land revenue.';