HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1117 of 2010 (M/S) Ram Singh .…Petitioner Versus The State of Uttarakhand & others ...Respondents Mr. Tumul K. Nailwal, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State/respondent nos. 1 & 2. Mr. K.K. Sah, Advocate for respondent no.3-Bank. Hon’ble V.K. Bist, J. Heard learned counsel for the parties. 2. Present writ petition has been filed by the petitioner challenging the Recovery Notice dated 15.06.2010 issued by respondent no.2/Tehsildar, Tehsil-Khatima, District Udham Singh Nagar (contained as annexure no.2 to the writ petition.). A writ of mandamus has further been prayed for direction to the respondent no.3 to fix suitable installment so that entire borrowed amount be repaid. 3. According to the petitioner, petitioner borrowed a sum of Rs.1,20,000/- towards agriculture loan for construction of a house from respondent no.3/Bank. The petitioner has already paid Rs.49,401/- to the Bank. It is asserted that due to loss in agriculture, the petitioner could not deposit rest of the loan amount to the Bank in time. The petitioner approached the Bank authorities to provide some time for depositing the rest amount but in the meantime a recovery notice was issued 2 on 15.06.2010 by respondent no.2 against the petitioner for recovery of loan amounting to Rs.3,08,528/- 4. Mr. Tumul K. Nailwal, Advocate appearing for the petitioner submitted that due to loss in agriculture and illness, the petitioner is not in a position to pay the huge amount in lump sum. However, the petitioner is ready to deposit the balance amount of loan in six installments fixed by this Court adjusting the amount already deposited by him. Mr. K.K. Sah, Advocate appearing for respondent no.3-Bank also agreed for the same. 5. Having heard learned counsel for the parties and after considering the undertaking given by the petitioner and also in the interest of justice, the writ petition is disposed of in the following manner:- (i) Recovery citation dated 15.06.2010 issued by respondent no.2 is hereby quashed. (ii) Petitioner is permitted to deposit balance amount of loan including interest and recovery charges in six equal installments with respondent no.3-Bank, after adjusting the amount already deposited by him. (iii) The first installment shall be deposited by 30th September, 2010. Remaining five installments shall be deposited on 31st December, 2010, 31st March, 2011, 30th June, 2011, 30th September, 2011 and 31st December, 2011 respectively. 3 iv. In case, the petition complies with the direction, no coercive measure shall be taken against him. Any failure on the part of the petitioner shall amount automatic vacation of the order. 6. Interim relief application no.5250 of 2010 stands disposed of. (V.K.Bist. J,) 27.07.2010 Arti 4