IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 2013 OF 2009 (MS) Kulbeer Singh ……….Petitioner. Versus State of Uttarakhand and others. …….Respondents. Mr. Sundar Singh Bhandari, Advocate for petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for State of Uttarakhand/respondent no. 1 and 2. Mr. Ashish Joshi, Advocate for respondent no. 3. 27th November, 2009 Hon’ble Sudhanshu Dhulia, J. Heard Mr. Sundar Singh Bhandari, Advocate for petitioner, Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for State of Uttarakhand/respondent no. 1 and 2 and Mr. Ashish Joshi, Advocate for respondent no. 3. The petitioner has filed this writ petition with the prayer that the recovery initiated against him by the respondents by impugned recovery citation dated 22.11.2008 be quashed. Admittedly the petitioner had taken a loan from respondent no. 3 i.e. Canara Bank, branch Anaaz Mandi, Roorkee, Haridwar, but he has failed to repay the said loan and consequently a recovery has been initiated by respondent no. 3 by making a requistion to respondent no. 1 and 2 and consequently, the loan is being recovered from the petitioner as arrears of land revenue. All the same, the learned counsel for respondent no. 3 Sri Ashish Joshi has given a statement before this Court that in case the petitioner admits his liability and gives an undertaking that he is prepared to pay the entire loan amount, the Bank/respondent no. 3 is prepared to take the said amount by easy instalments. Therefore, the 2 present writ petition is disposed of with the following terms and conditions, which have been arrived at by the consent of the learned counsel for the petitioner as well as learned counsel for respondent no. 3, Mr. Sundar Singh Bhandari and Mr. Ashish Joshi, respectively: The entire recovery is of an amount of Rs. 2,82,000/-, therefore, it is directed that in case the petitioner deposits an amount of Rs. 82,000/- (Eighty Two Thousand) within a period of one month from today i.e. by 31st December, 2009, then the Bank shall recover, and the petitioner shall pay the remaining amount by way of instalments of Rs. 10,000/- (ten thousand) per month, which would be spread over a period of 20 months, by which the entire loan amount shall be paid. The first instalment of Rs. 10,000/- shall be paid by the petitioner on or before 1st February, 2010 and the next instalment on 1st of March, 2010, and so on. The interest part of the loan for this period shall also be recovered from the petitioner by the bank at the time of payment of the last instalment. It is clarified that in case the petitioner defaults in payment of one single instalment, this relief which is being granted to the petitioner shall automatically come to an end and the Bank/respondent no. 3 shall be entitled to initiate recovery proceedings afresh against the petitioner. With the aforesaid direction, writ petition is disposed of. No order as to costs. Let the copy of the order be issued today. (Sudhanshu Dhulia, J.) 27.11.2009 Rathour