IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1238 of 2008 (M/S) Wakeel Ahmad, S/O Mohd. Umar, R/O Ward No. 4, Mangal Bazar, Tehsil Jaspur, District Udham Singh Nagar. …… Petitioner. Versus Tehsildar, Tehsil Jaspur, District Udham Singh Nagar and another. … Respondents. Sri Khalil Ahmad, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the respondent no.1. Sri L.K.Tiwari, learned counsel for the respondent no.2-Bank. Date July 23, 2008. Hon’ble B.S.Verma, J. Heard Sri Khalil Ahmad, learned counsel for the petitioner, Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondent no. 1 and Sri L.K.Tiwari, learned counsel for the respondent no.3 and perused the record. This writ petition has been filed for issue a writ, order or direction in the nature of certiorari quashing the recovery certificate dated 17-7-2008 for recovery of Rs. 65,040/- issued by the respondent No.1 (Annexure No.1). Prayer has also been made for writ of mandamus directing the respondents to recover the amount of bank loan in easy instalments from the petitioner. According to the petitioner, he applied for loan of Rs. 50,000/- for the work of mattress knitting from the respondent no. 2 in the year 2007. The loan was sanctioned to the petitioner. The petitioner could not deposit the loan-amount with the respondent- Bank. Ultimately, the respondent no. 1 issued recovery citation for recovery of Rs. 65,040/- against the petitioner on 17-7-2008 (copy Annexure No.1, for which no notice was given to the petitioner. 2 According to the petitioner, the Central Government has exempted the loan to the tune of Rs. 50,000/- to small farmers and labourers. The petitioner is ready and willing to repay the entire outstanding amount under the recovery citation in easy instalments. During the course of arguments, learned counsel for the respondent-Bank Sri L.K.Tiwari has submitted that the Bank has no objection if the entire outstanding amount under the recovery citation (Annexure No.1) is paid by the petitioner by 31st March, 2009 in bi-monthly instalments, which shall take place after every two months. Accordingly, the petitioner is directed to pay the entire outstanding amount under the recovery citation along with recovery charges before the respondent no. 1 in four equal bi-monthly instalments. The first instalment shall fall due on 25th day of September, 2008 and the subsequent instalment shall fall due on 25th day of the month after every two months thereafter, i.e. on 25- 11-2008, 25-01-2009 and 25-3-2009. In case of default in payment of any of the instalments, as directed above, the respondents shall be at liberty to recover the entire outstanding loan amount along with recovery charges in lump sum from the petitioner. If the payments are made, as directed above, the impugned recovery citation (copy Annexure No. 1) shall not be given effect to. With the above direction, the writ petition is disposed of finally. ( B.S.Verma, J. ) RCP 3 4 5