HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1018 of 2010 (M/S) Gurcharan Singh and another. ……..Petitioners Versus tate of Uttarakhand and others. …….Respondents S Mr. Mohd. Azim, Advocate for the petitioners. Mr. P.C. Bisht, Brief Holder for the State-respondent nos. 1 & 3. Mr. K.K. Sah, Advocate for the Bank-respondent no.2, None for respondent no.4. Dated: July 15, 2010 Hon’ble V.K. Bist, J. A counter affidavit has been filed by the respondent no.2/Bank in the Court today. Same is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Present petition has been filed by the petitioners challenging the Recovery Citation dated 26.05.2010 issued by respondent no.3/Tehsildar, Tehsil-Kashipur, District Udham Singh Nagar (contained as annexure no. 4 to the writ petition). A writ of mandamus has further been prayed directing the respondents to waive the loan given to the petitioners under Agriculture Debt Waiver and Debt Relief Scheme, 2008 and not to initiate recovery proceedings in pursuance of impugned recovery citation. 4. According to the petitioners, in the year 2005 they applied for a joint agricultural loan from Allahabad Bank Branch-Kashipur and the respondent-Bank granted loan of Rs. 5 lac in favour of petitioners and a joint pass book was issued. It is stated that in the year 2008, the Union of India formulated a scheme known as Agriculture Debt Waiver and Debt Relief Scheme, 2008 for those farmers 2 who have obtained agricultural loan. The petitioners also approached to the respondent-Bank for waiver of loan amount. But instead of waiving the loan amount, the respondent-Bank, through respondent no.3, issued a recovery citation on 26.05.2010 against the petitioners for recovery of loan amounting to Rs. 11,18,373/- plus other charges. Thereafter, on making contact to the Bank, the Bank issued a letter on 02.06.2010 mentioning therein that as the petitioners did not deposit the remaining amount of loan, benefit of the Scheme cannot be provided to them. It is stated in the petition that on one hand the Bank has waived the agricultural loan of several persons under the Loan Waiver Scheme issued by Union of India but on the other hand they have ignored the loan given to the petitioner, which too was obtained for agricultural purpose. It is further stated that the petitioners are having separate families and they are cultivating separately on their half shares of land i.e. 3½ acres, thus the petitioners come under the category of small farmers and deserve to get benefit of debt Waiver Scheme. 5. Mr. Mohd. Azim, Advocate appearing for the petitioners prayed that the petitioners are not getting sufficient earning to repay the huge amount in lump sum. He submitted that without issuing any notice, the Recovery Citation has been issued against the petitioners on 26.05.2010, by which a sum of Rs. 11,18,373/-plus other charges are sought to be recovered from the petitioners. He further submitted that the petitioners are 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. 3 6. Mr. K.K. Sah, Advocate appearing for the respondent-Bank argued that since the petitioners have not deposited the loan amount in time, therefore the Recovery Citation has rightly been issued against them. He further submitted that in case the petitioners are permitted to deposit the amount of loan and interest thereon in installments, provision of automatic vacation of order may be made for making default of any condition stipulated by this Court. 7. Having heard learned counsel for the parties and after considering the undertaking given by the petitioners, the writ petition is disposed of in the following manner:- (i) The impugned R.C. dated 26.05.2010 issued by respondent no.3 is hereby quashed. (ii) The petitioners are permitted to deposit the balance amount of loan (with interest and recovery charges) in nine equal installments with the respondent-Bank. (iii) The first installment shall be deposited by 30th September, 2010. Rest eight installments shall be deposited on 30.11.2010, 31.01.2011, 31.03.2011,31.05.2011, 31.07.2011, 30.09.2011, 30.11.2011 and 31.01.2012 respectively. (iv) In case, the petitioners comply with the directions, no coercive measure shall be taken against them. Any failure on the part of the petitioners shall amount to automatic vacation of the order. 8. Stay application (CLMA No. 4914/10) also stands disposed of. (V.K. Bist, J.) 15.07.2010 NCM: