HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1118 of 2010 (M/S) Puran Singh. ……..Petitioner Versus tate of Uttarakhand and others. …….Respondents S Mr. Tumul K. Nailwal, Advocate for the petitioner. Mr. P.C. Bisht, Brief Holder for the State-respondent nos. 1 & 2. Mr. K.K. Sah, Advocate for the Bank-respondent no.3. Dated: July 27, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties and perused the record. 2. Present petition has been filed by the petitioner challenging the Recovery Citation 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 directing the respondent no.3 to fix suitable installments so that entire borrowed amount may be repaid. 3. According to the petitioner, he borrowed a sum of Rs. 1,00,000/- towards agriculture loan for construction of a house from respondent no.3/Bank in the year 2000. The petitioner has already paid Rs. 43,963/- 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 citation was issued on 15.06.2010 by respondent no.2 against the petitioner for recovery of loan amounting to Rs. 2,77,480/-. 2 4. Mr. Tumul K. Nailwal, Advocate appearing for the petitioner prayed that the petitioner is not getting sufficient earning to repay the huge amount in lump sum. He submitted that without issuing any notice the respondent no.2 has issued the Recovery Citation on 15.06.2010 by which a sum of Rs. 2,77,480/ are sought to be recovered from the petitioner. He further submitted that the petitioner is ready to deposit the outstanding balance amount of loan in easy installments fixed by this Court until and unless the entire amount of loan with interest is deposited. Mr. K.K. Sah, Advocate appearing for the respondent-Bank agreed for the same. 5. Having heard learned counsel for the parties and after considering the undertaking given by the petitioner, the writ petition is disposed of in the following manner:- (i) The impugned R.C. dated 15.06.2010 issued by respondent no.2 is hereby quashed. (ii) The petitioner is permitted to deposit the balance amount of loan (with interest and recovery charges) in six equal installments with the respondent-Bank, after adjusting the amount of loan already deposited by him. (iii) The first installment shall be deposited by 30th September, 2010. Rest five installments shall be deposited on 31st December, 2010, 31st March, 2011, 30th June, 2011, 30th September, 2011 and 31st December, 2011 respectively. (iv) In case, the petitioner complies with the directions, no coercive measure shall be taken against him. Any failure on the part of the petitioner shall amount to automatic vacation of the order. 6. Stay application (CLMA No. 5251/10) also stands disposed of. (V.K. Bist, J.) 27.07.2010 NCM: