IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1452 of 2008 (M/S) Devendra Singh Bist S/o Sri Gopal Singh Bist R/o Lohariyasal Malla, Haldwani, Tehsil Haldwani, District Nainital. . Petitioner ...………… [ Versus 1. Collector, District Nainital at Nainital. 2. Central Bank of India through Branch Manager Railway Bazar, Haldwani, Distt. Nainital. ...…………. Respondents Mr. Nand Prasad, Advocate for the petitioner. Mr. K.K. Shah, Advocate for respondent No. 2. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought direction to permit the petitioner to pay the unpaid amount of loan in question recoverable by the Bank, in four instalments. 3) Admittedly, the petitioner has taken a loan from Central Bank of India, Branch Haldwani, District Nainital, which includes cash credit limit of 2.6 lakh and term loan of Rs. 2.4 lakh, for running a business. It is also not disputed that petitioner could not repay the loan as per the 2 terms agreed with the petitioner. As such, this Court is of the view that there is no right violated against which a writ under Article 226 of the Constitution of India could be issued, in the matter. However, having heard learned counsel for the parties and after considering their submissions, since both the parties are agreed that petitioner may be permitted to pay the outstanding dues amounting to Rs. 3,60,086/- (including interest) as per the balance sheet filed with the short counter affidavit, in instalments of Rs. 1,00,000/- (Rupees one lakh only) every four month, this writ petition deserves to be disposed of with the following direction: The petitioner is allowed to pay the first instalment of Rs. 1,00,000/- by 15th October 2008. The second instalment of Rs. 1,00,000/- shall be paid by 15th February 2009. The third instalment of Rs. 1,00,000/- shall be paid by 15th June 2009, and the last instalment of remaining amount shall be paid by 15th October 2009. In case, the petitioner makes any default in payment of any of the instalments, the entire unpaid amount shall become at once due, and recoverable by the Bank as land revenue. (Prafulla C. Pant, J.) [ Dt. September 10, 2008. H.Negi 3