Allahabad HC restrains Govt not to Initiate any Recoveries / Coercive Actions till April 6, 2020 to abate spread of COVID-19 [Read Order]

Allahabad HC restrains Govt not to Initiate any Recoveries / Coercive Actions till April 6, 2020 to abate spread of COVID-19 [Read Order]

MHA - Taxscan

The Allahabad High Court has restrained the government not to initiate any recoveries or coercive actions till April 6, 2020, so as to abate the spread of Corona Virus (COVID-19).

In accordance with the initiative undertaken by the Ministry of Health under the Government of India issued an elaborate advisory on social distancing measures in a view of the spread of COVID-19 disease, the High Court of Allahabad also directed the Government of Uttar Pradesh initiates any recoveries or coercive actions.

In the case of Darpan Sahu vs. State of Uttar Pradesh, an issue was raised pertaining to the legality of recovery proceedings. The court while issuing the interim order said that due to serious present threat in the country due to pandemic disease of Corona Virus (COVID-19), realizing the need of an hour the court directed the state government to issue necessary circulars to various authorities such as District Magistrate and other government agencies.

The division bench of Allahabad HC consisting of Justice Ajit Kumar and Justice Ramesh Sinha ordered that the following procedure will be deferred till April 6, 2020:

  1. All the recovery proceedings at the end of the district administration, financial institutions and other administrative bodies or authorities or agencies and otherwise at the end of the instrumentalities of the State;
  2. All the auction proceedings, if any pending or initiated in the meanwhile;
  3. 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;
  4. No demolition exercise shall be carried out at the instance of District Administration or any authorities under the State Government or local bodies;
  5. No eviction or dispossession exercise against anyone shall be undertaken.

For the purpose of the sanitization process, the Allahabad High Court will remain shut for a period of 3 days i.e. on March 19, 20 and 21.

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