Allahabad High Court stays all recoveries / coercive action of any kind for two weeks to ensure no filing takes places till 6.4.2020

Case Covered:

Darpan Sahu

Versus

The State of U.P.

Read the full text of the case here.

Facts of the case:

This petition raises a question regarding the legality of the recovery proceedings and in that regard, we have already passed an order on 05.03.2020 restraining the Tehsildar from pursuing the recovery proceedings.

Today, learned counsel for the respondent-Bank has sought further time to have instructions in the matter.

However, while extending interim order, we are also of the opinion that due to serious threat presently to the society in the country due to pandemic disease of Corona Virus(COVID-19), it has become necessary to issue directions to the State Government to issue necessary circulars/directives to the various authorities including the District Magistrates of every district of the State and other Government Agencies and authorities not to take coercive measures or any exercise against any individual or body of individuals which may force them to approach the Courts for legal remedies and also to avoid any public gathering pursuant to any such proceedings like an auction, etc. It has become necessary in the interest of the public at large and in the face of the fact that the disease is quite fatal and may result in its third stage at any time in the country. If still, we remain oblivious to the fatal effect of the COVID-19, it would result in a panic situation in the society as while people should be more concerned about health issues will be unnecessarily forced to face litigation in the Courts. 

Observations of the court:

Accordingly, in our considered opinion, all the concerned competent authorities both administrative and nonadministrative under the State Government be issued directions restraining them from taking any coercive measures against any person or body of persons in the society so as to force him/them to approach the Court for the redressal of grievance and accordingly we issue following directions:

a. All the recovery proceedings at the end of the district administration, financial institutions and other administrative bodies/authorities/agencies and otherwise at the end of the instrumentalities of the State shall be deferred for a period of two weeks i.e. till 6.4.2020.

b. All the auction proceedings, if any pending or initiated in the meanwhile, shall remain deferred for a period of two weeks i.e. till 6.4.2020.

c. The District Magistrates and the Administrative Authorities are also restrained from issuing any directions for the presence of any person or persons in connection with any pending or any other proceeding for a period of two weeks i.e. till 6.4.2020.

d. No demolition exercise shall be carried out at the instance of District Administration or any authorities under the State Government/local bodies for a period of two weeks i.e. till 6.4.2020.

e. No eviction or dispossession exercise against anyone be undertaken for a period of two weeks i.e. till 6.4.2020.

11. Let a copy of this order be immediately sent to the Registrar General today itself who shall forward the same to the Chief Secretary of Uttar Pradesh immediately to ensure its compliance by issuing necessary directions/circulars to all the concerned authorities in the matter throughout the State within 48 hours.

12. A copy of this order shall also be sent to the learned Advocate General for necessary compliance, today itself.

13. Put up on 6.4.2020.

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