IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1049 of 2011 Abbas Hussain S/O Jahid Hussain, R/O Village Dhaki, Pargana Pachwadoon, Tehsil Vikas Nagar, District Dehradun. … Petitioner. Versus 1. District Magistrate, Dehradun, District Dehradun. 2. Tehsildar, Tehsil Vikas Nagar, District Dehradun. 3. Branch Manager, Axis Bank, Rajpur Road, I.I.P.M. Tower, Dehradun. … Respondents. Mrs. Prabha Naithani, Advocate, learned counsel for the petitioner. Mr. Sudhir Kumar, Brief Holder, learned counsel for the respondents nos. 1 and 2. Mr. Sandeep Tiwari, Advocate, holding brief of Mr. Manoj Bisht, Advocate, learned counsel for the respondent no.3-Bank. Date July 18, 2011. 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 impugned recovery citation dated 10-5-2011 issued by respondent no.2. The petitioner has further sought a writ in the nature of mandamus commanding the respondent no. 3 to recover the amount in question in easy instalments. According to the petitioner, he took an agricultural loan of Rs. 8,10,000/- on 31-8-2006 from the respondent no.3-Bank and the petitioner was required to pay a sum of Rs. 1,24,000/- with interest in six months as stated in paragraph no. 3 of the petition. For some time, the petitioner continued to make repayment of the loan amount but due to loss of crops on account of heavy rains in the year 2010, the petitioner could not make the repayment, which ultimately gave rise to the issuance of recovery citation in question. The petitioner is ready and willing to repay the entire amount under the recovery citation (Annexure No.4 to the writ petition) along with recovery charges in easy instalments, hence the writ petition. During the course of arguments, learned counsel for the petitioner has urged that the petitioner may be directed to 2 deposit the entire amount in instalment along with recovery charges. After having heard learned counsel for the parties, I am of the view that the ends of justice would be served if the petitioner is directed to deposit the entire outstanding amount of loan along with recovery charges before the recovery officer after adjusting the amount of Rs. 1,00,000/-, which was deposited by the petitioner on 7-7-2011 before the respondent no.3-Branch Manager of the bank, in compliance of this Court’s interim order dated 16-6- 2011, in five equal quarterly instalments. Accordingly, the petitioner is directed to pay the entire outstanding amount under the impugned recovery citation (Annexure No.4 to the writ petition) along with recovery charges before the recovery officer-respondent no.2 minus Rs. 1,00,000/- already deposited by the petitioner before the Branch Manager of the Bank-respondent no.3 in compliance of order dated 16-6-2011 passed by this Court in five equal quarterly instalments. The first quarterly instalment shall be payable by 20-10-2011 and the subsequent instalment shall become payable by 20th day of the month after every three months thereafter. It is made clear that in case the petitioner commits a default in payment of any of the instalments, as directed above, the respondents would be at liberty to recover the entire outstanding amount from the petitioner in lump-sum. Accordingly, the impugned recovery citation issued by the respondent no.2 (Annexure-4 to the petition) shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of finally. (B.S.Verma, J.) RCP