IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 485 of 2010. Suresh Chandra Joshi, S/O Shri Gauri Dutt, Resident of village and Post Office-Harsaan, Tehsil Bazpur, District Udham Singh Nagar. … Petitioner. Vs. 1. State of Uttarakhand, through District Magistrate, Udham Singh Nagar, District Udham Singh Nagar. 2. Tehsildar, Tehsil Bazpur, District Udham Singh Nagar. 3. Nainital-Almora Kshetriya Grameen Bank, Bazpur, district Udham Singh Nagar, through its Manager. 4. Chitransh Herbal Group, C.M.T. Colony, Dehariya, Haldwani, District Nainital through its Owner/Manager Shri Shailendra Srivastava. 5. Shri Anil Tripathi, at present Branch Manager, Nainital-Almora Kshetriya Grameen Bank, Bazpur, district Udham Singh Nagar. …Respondents. Mr. M.C.Kandpal, Senior Advocate, with Mr. S.S.Chaudhary, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, learned Additional C.S.C. for the respondent no. 1 and 2. Mr. K.K.Shah, Advocate, learned counsel for the respondent No.3-Bank. Date June 17, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the citation notice dated 4-3- 2010 issued by Tehsildar Bazpur, district Udham Singh Nagar (respondent no.2) for recovery of Rs. 7,84,976/- (contained as Annexure No.-9 to the writ petition). According to the petitioner, the petitioner applied for agricultural loan worth Rs. 6,00,000/- before the respondent no.3- Bank. The respondent no. 3-Bank granted the loan by letter 19-3-2007 after getting necessary documents executed in that behalf (Annexure-7 to the petition) and the loan amount was released by way of two cheques amounting to Rs. 3,35,250/- and Rs. 2,64,750/- in favour of 2 Chitransh Herbal Group, Dehariya Haldwani, district Nainital and entries of loan were made against the petitioner. During the course of arguments, learned counsel for the petitioner has urged that the petitioner is ready and willing to pay the entire outstanding amount under the recovery citation in easy quarterly instalments. On the other hand, learned counsel for the respondent- Bank, Mr. K.K.Shah, Advocate, has submitted that the respondent- Bank would have no objection if the petitioner repays the entire outstanding amount of loan under the recovery citation along with recovery charges in not more than four equal quarterly instalments before the recovery officer and that the petitioner deposits the first instalment within a period of six weeks from today. In the above facts and circumstances, the petitioner is directed to pay the entire outstanding amount under the recovery citation (Annexure-9 to the petiton) in four equal quarterly instalments before the recovery officer-respondent no.2 along with recovery charges. The first quarterly instalment shall be payable by the 5th day of August 2010 and the subsequent instalments shall fall due by the 5th day of the month after every three months thereafter. It is made clear that in case the petitioner commits default in payment of any of the instalments, as directed above, the respondents No. 1 to 3 would be at liberty to recover the entire outstanding amount from the petitioner in lump-sum. Accordingly, the impugned recovery citation dated 4-3- 2010 issued by the respondent no.2 (Annexure-9 to the petition) shall not be given effect to by the respondent nos. 1 to 3. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of. (B.S.Verma,J.) RCP