IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1446 of 2009 (M/S) Gurnam Singh …Petitioner Versus District Magistrate, Udham Singh Nagar & others … Respondents Mr. Ahrar Baig, Advocate for the petitioner. Mr. K.P. Upadhyay, Additional Chief Standing Counsel for respondent nos.1 & 2. Mr. Arvind Vashistha, Advocate for respondent no.3. Hon’ble V.K. Bist, J. CLMA No.7479 of 2009 (Stay Application) Heard learned counsel for the parties. 2. Present writ petition has been filed for quashing the impugned recovery certificate/citation dated 06.08.2009 issued by respondent no.2 for recovery of Rs.5,25,978/- against the petitioner (Annexure No.4 to the writ petition). 3. According to the petitioner in the year 2005 he applied for agricultural loan amounting to Rs.3,50,000/- for purchasing a tractor. He deposited a total sum of Rs.1,53,800/-. Thereafter petitioner also applied for Fasli 2 loan in the year 2005 amounting to Rs.80,000/- but after March, 2009 due to failure of farming and due to natural calamity, the crops of the petitioner were ruined, hence he could not deposit some of the installments in time. The petitioner was under the impression that his loan amount has been waived out under the Agricultural Debt Waiver and Debt Relief Scheme 2008 and did not deposit further installment. But in the meanwhile, recovery certificate/citation was issued against the petitioner on 06.08.2009. 4. Mr. Ahrar Baig, Advocate for the petitioner argued that petitioner is entitled for the benefit of Agricultural Debt Waiver and Debt Relief Scheme 2008. According to this scheme petitioner is entitled for 25% rebate in loan amount. Learned counsel for respondent no.3/Bank denied this fact and submitted before the Court that petitioner is not covered under this Scheme and he is not entitled for the benefit of the Scheme. 5. At this, learned counsel for the petitioner prayed that he may be permitted to file representation before respondent no.3/Bank regarding grant of Agricultural Debt Waiver and Debt Relief Scheme 2008 and respondent no.3/Bank be directed to decide his representation within reasonable time. Learned counsel for the petitioner further prayed that he may be permitted to make payment of entire loan amount with interest in eight quarterly installments. 3 6. Having heard learned counsel for the parties and after perusing the record, the petitioner is permitted to file representation before respondent no.3/Bank within a period of one week from today. In case representation is filed within a period of one week, same shall be decided within a period of two weeks thereafter. While deciding the representation the respondent no.3/Bank shall also mention exact amount alongwith the interest in the order itself. Thereafter, petitioner is permitted to deposit entire loan amount alongwith interest in eight quarterly installments. First installment shall be deposited on or before 30th September, 2009. Meantime, no coercive action shall be taken against the petitioner. In the event of any default in making payment by the petitioner, this order will automatically stand vacated. 7. With these directions, the writ petition is disposed of. (V.K.Bist. J,) 01.09.2009 Arti 4