Allahabad High Court
HARKESH SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The court held that the petitioner may discharge the panel rent in six equal monthly installments without interest, and the recovery order is stayed pending compliance.
Summary
Petitioner Harkesh Singh challenged a recovery order dated 1 December 2025 that required him to pay Rs 81,184 as panel rent and an additional Rs 59,928 as penal rent for the period December 2025 to February 2026. He had vacated the official accommodation on 23 March 2026 and, citing his financial constraints, requested permission to pay the amount in easy installments and sought a waiver of interest. The respondents, represented by the Standing Counsel, raised no objection to the petition. The High Court, after hearing both sides, ordered that the panel rent be paid in six equal monthly installments starting July 2026, with no interest to be charged, and directed that the recovery order remain in abeyance during the installment period. The court warned that any default would allow the respondents to resume recovery proceedings and disposed of the writ petition without any order as to costs.
Issues considered
- Whether the petitioner may be permitted to pay the panel rent in installments
- Whether interest on the due amount can be waived
- Whether the recovery order can be kept in abeyance pending installment payments
Subjects
- panel rent
- installment payment
- interest waiver
- recovery order
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6771 of 2026
Harkesh Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhananjay Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
2. The order of recovery dated 01.12.2025 passed by the respondent
No.2/Superintendent, District Jail Bijnor (Annexure No.3) is under
challenge. By the aforesaid order, the petitioner was directed to deposit a
sum of Rs.81,184/- as panel rent. till November 2025.
3. It is argued by learned counsel for the petitioner that for the period
December, 2025 to February, 2026, a sum of Rs.59,928/- has also due for
payment as penal rent. It is argued that the petitioner has directed to pay
interest on panel rent till the time he has vacated the accommodation. It is
argued that official accommodation has already been vacated by the
petitioner on 23.03.2026 and due to his financial situation, he could not
deposit the entire amount at once prays that the petitioner be permitted to
deposit in easy installments.
4. Learned Standing Counsel has no objection.
5. Heard learned counsel for the parties and perused the record.
6. In the facts and circumstances of the case and without entering into
WRIA No. 6771 of 2026
2
merits of the case, the present petition is disposed of directing the
petitioner to deposit the amount of panel rent in six equal installments
month by month started from the month of July, 2026. The respondents
are directed not to charge any interest on the due amount, if the petitioner
is started payment of installments.
7. Till the period prescribed for depositing the aforesaid amount and
thereafter during the period of deposit of installments, the recovery order
will be kept in abeyance. In case the petitioner defaults in depositing the
installments within the stipulated period, it will be open for the
respondents to start recovery proceedings against the petitioner.
8. With the aforesaid observations/directions, the writ petition stands
disposed of. No order as to costs.
(Prakash Padia,J.)
May 6, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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