IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1449 of 2008 (M/S) Satyapal Singh S/O Dhoom Singh, R/O Village Jhabreri Kalan, Tehsil Roorkee, District Haridwar. …… Petitioner. Versus Collector/D.M.Haridwar and two others. … Respondents. Sri Ajay Veer Pundir, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the respondent no.1&2. Sri B.S. Thind, holding brief of Sri S.K.Jain, learned counsel for the respondent no.3-Bank. Date August 20, 2008. Hon’ble B.S.Verma, J. (Stay Application) Heard learned counsel for the parties and perused the record. This writ petition has been filed for the following reliefs:- (i) Issue a writ in the nature of certiorari quashing the impugned recovery citation dated 28-5-2008 passed by respondent nos. 1 and 2 (contained in Annexure No. 2 to the writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 3 to accept the balance loan amount in instalments and further be pleased to direct the respondent no.1 to release the tractor or petitioner. (iii) Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner. (iv) Cost of the petition be awarded in favour of the petitioner. According to the petitioner, the petitioner took a loan for purchase of tractor from the respondent no.3-Bank in the year 2007 but to hardship, the petitioner could not repay the loan amount in time. Ultimately, the respondent no. 3 issued recovery certificate against the petitioner for recovery of Rs. 5,78,110/- vide Annexure No.1. The petitioner could not repay the amount under recovery certificate within stipulated time, which resulted into issuance of recovery citation by the respondent no.2 for recovery of Rs. 6,65,683-93 plus recovery charges on 28-5-2008 (copy Annexure No. 2 to the writ petition). The tractor of the petitioner was also attached by respondent no.2. The petitioner made a representation before the respondent nos. 1 and 2 stating therein that the petitioner is ready to deposit a sum of Rs. 1,00,000/- and the balance amount in instalments. The respondent no.2 recommended the matter to the S.D.M. Roorkee with the endorsement that the petitioner is ready to deposit a sum of Rs. 1,10,000/- forthwith and has prayed one- month time to deposit the rest of the amount, therefore, he has no objection to release the tractor in favour of the petitioner. The petitioner is ready and willing the entire outstanding amount in easy instalments. In the course of arguments, learned counsel appearing for the respondent no.3-Bank has submitted that the Bank has no objection if the entire outstanding loan amount is deposited by the petitioner in not more than three quarterly instalments provided the petitioner undertakes to deposit a sum of Rs. 1,50,00/- within a period of two weeks from today. Accordingly, the petitioner is directed to deposit a sum of Rs. 1,50,00/- (Rs. One lac fifty thousand only) within a period of fifteen days from today before the recovery officer and he is further directed to deposit the rest of the amount of loan under the recovery citation (Annexure No. 2) along with recovery charges before the Recovery Officer in three equal quarterly instalments. The first quarterly instalment shall fall due on the 1st day of November 2008 and the subsequent instalments shall fall due on the first day of month after every three months thereafter, i.e. 1-2- 2009 and 1-5-2009. If the petitioner deposits a sum of Rs. 1,50,000/- within the stipulate period of fifteen days, the tractor of 2 the petitioner shall be released in his favour by the respondents. In the case of default in payment of any of the instalments, as directed above, the respondents shall be at liberty to recover the entire outstanding amount under the recovery citation in lump sum from the petitioner. In case the payments are made by the petitioner, as directed above, the recovery citation (Annexure No.2) shall not be given effect to. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of. (B.S. Verma, J.) RCP 3