THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1483 of 2010. Daya Kishan S/O Sri Bhajji Singh. … Petitioner. Vs. State of Uttarakhand and others. …Respondents. Mr. Rajesh Pandey, Advocate, holding brief of Mr. Vijay Bhatt, Advocate, learned counsel for the petitioner. Mr. N.P.Sah, Standing Counsel, learned counsel for the respondents no. 1 to 3. None present for the respondent no.4-Bank despite service. Date September 9, 2010. Hon’ble B.S.Verma, J. (Stay Application No. 7113 of 2010) 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 order dated 11- 8-2010 passed by respondent no. 2-Commissioner, Kumaun Division Nainital (Annexure NO. 4 to the petition) and the impugned recovery citation No. 165815 dated 9-7-2010 issued by respondent no.3- Tehsildar Khatima (Udham Singh Nagar) against the petitioner for a sum of Rs. 54,347/- + other charges (Annexure No. 1 to the petition). According to the petitioner, the father of the petitioner Sri Bhajji Singh took an agricultural loan amounting to Rs. 12,500/- in the year 1990 by mortgaging his land situated at village Deyori, Tehsil Khatima being plot No. 00055. The father of the petitioner died on 17- 7-2000 and the petitioner and his two brothers inherited the land of their father after his death. The loan amount could not be repaid by late Bhajji Singh during his life time. Ultimately, the impugned recovery citation was issued against the petitioner Daya Kishan alone. The recovery citation issued against the petitioner was again challenged before the Commissioner Kumaun Division, who in turn rejected the prayer of the petitioner to amend the name in the recovery citation by his order dated 11-8-2010. 2 In the course of arguments, learned counsel for the petitioner has urged that the petitioner is ready and willing to repay the entire outstanding amount under the impugned recovery citation in easy instalments. Learned State counsel has submitted that the amount of recovery citation is not is very small i.e. Rs. 54,347/-. None has appeared on behalf of the respondent no.4-Bank despite service on 3-9-2010. In the above facts and circumstances, it would be in the fitness of things that the petitioner be directed to pay the entire outstanding amount under the recovery citation no. 165815 in four equal quarterly instalments, the first quarterly instalment being payable within a period of six weeks. In the above facts and circumstances, the petitioner is directed to pay the entire outstanding amount under the recovery citation (Annexure-1 to the petition) in four equal quarterly instalments before the recovery officer-respondent no.3-Tehsildar Khatima (Udham Singh Nagar) along with recovery charges. The first quarterly instalment shall be payable by the 1st day of November 2010 and the subsequent instalments shall fall due by the 1st 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 would be at liberty to recover the entire outstanding amount from the petitioner in lump-sum. Accordingly, the impugned recovery citation dated 9-7-2010 issued by the respondent no.3 (Annexure-1 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