HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1255 of 2010 (M/S) Dev Singh. ……..Petitioner Versus District Magistrate/Collector, U.S.Nagar A nd others. …….Respondents Mr. K.S. Bora, Advocate for the petitioner. Mr. P.C. Bisht, Brief Holder for the State-respondent nos. 1 & 2. Mr. K.K. Sah, Advocate for the Bank-respondent no.3. Dated: July 29, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties and perused the record. 2. Present petition has been filed by the petitioner challenging the Recovery Citation dated 23.06.2010 issued by respondent no.2/Tehsildar, Tehsil-Sitarganj, District Udham Singh Nagar (contained as annexure no. 1 to the writ petition). A writ of mandamus has further been prayed commanding the respondents not to initiate recovery proceedings by adopting any coercive measures against the petitioner. 3. According to the petitioner, in the year 2001 a long- term loan of Rs. 50,000/- was sanctioned to the petitioner by respondent no.3-Bank for construction of a house, though the Bank released only a sum of Rs. 35,000/- in two installments. The said loan was to be repaid in ten years and each installment fell due after every six months. The petitioner deposited in all a sum of Rs. 20,990/- in installments on different dates. It is asserted that the petitioner is a poor person having only a nominal agricultural land and is dependent on the crops. Besides 2 it, the petitioner is supporting his family by working manual labour, therefore he could not pay further installments to the Bank in time. All of a sudden a recovery citation was issued on 23.06.2010 by respondent no.2 against the petitioner for recovery of loan amounting to Rs. 1,26,099/- and other charges. 4. Mr. K.S. Bora, Advocate appearing for the petitioner prayed that the petitioner is not getting sufficient earning to repay the huge amount in lump sum. He submitted that without issuing any notice, the respondent no.2 has issued the Recovery Citation on 23.06.2010 by which a sum of Rs. 1,26,099/- and other dues are sought to be recovered from the petitioner. He further submitted that the petitioner is ready to deposit the outstanding balance amount of loan in easy installments fixed by this Court until and unless the entire amount of loan with interest is deposited. Mr. K.K. Sah, Advocate appearing for the respondent-Bank agreed for the same. 5. Having heard learned counsel for the parties and after considering the undertaking given by the petitioner, the writ petition is disposed of in the following manner:- (i) The impugned R.C. dated 23.06.2010 issued by respondent no.2 is hereby quashed. (ii) The petitioner is permitted to deposit the balance amount of loan (with interest and recovery charges) in eight equal installments with the respondent-Bank, after adjusting the amount of loan already deposited by him. (iii) The first installment shall be deposited by 31st October, 2010. Rest seven installments shall be deposited on 31st January, 2011, 30th April, 2011, 31st July, 2011, 31st October, 2011, 31st January, 2012, 30th April, 2012 and 31st July, 2012 respectively. (iv) In case, the petitioner complies with the directions, no coercive measure shall be taken 3 against him. Any failure on the part of the petitioner shall amount to automatic vacation of the order. 6. Stay application (CLMA No. 5950/10) also stands disposed of. (V.K. Bist, J.) 29.07.2010 NCM: