THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 3 of 2010. Malkit Singh S/O Shri Karam Singh, R/O Village Tukari, Nanakmatta, Tehsil Sitarganj, District-Udham Singh Nagar. … Petitioner. Vs. 1. State of Uttarakhand, through Collector, District Udham Singh Nagar. 2. The Tehsildar, Tehsil Sitarganj, District Udham Singh Nagar. 3. The Union Bank of India through its Branch Manager Khatima, District Udham Singh Nagar. …Respondents. Mr. S.C.Bhatt, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, Addl. C.S.C., learned counsel for the respondent No.1 and 2. Date February 16, 2010. Hon’ble B.S.Verma, J. (Stay Application No. 12 of 2010) Heard learned counsel for the petitioner and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari to quash the impugned recovery citation dated 29-5-2009 issued by respondent no.2. Brief facts giving rise to the present petition, according to the petitioner, are that the petitioner borrowed a loan of Rs. 2,76,000/- from the respondent no.3-Bank for purchase of tractor in the year 2000. It is alleged that as per Government policy under the Agricultural Debt Waiver and Debt Relief Scheme 2008, the loan taken by the farmers having less than 5 acres of land has been exempted. The loan taken by the petitioner has been exempted under the said scheme. The certificate of waiver has been annexed as Annexure-1 to the petition. The petitioner has also annexed the impugned recovery citation issued by respondent no.2 as Annexure-3 to the writ petition. 2 The sole contention of the learned counsel for the petitioner is that the entire amount of agricultural loan of the petitioner is exempted because the petitioner is having land less than 5 acres. I have perused the certificate of waiver (Annexure-1). By a perusal of this certificate it is obvious that certificate of waiver has been issued to small/marginal farmer under the Agricultural Debt Waiver and Debt Relief Scheme 2008, wherein it is shown that the amount waived is only Rs. 1,64,235/- and total amount of loan i.e. Rs. 2,76,000/- was not waived. During the course of arguments, learned counsel for the petitioner made a request that liberty be given to the petitioner to make a representation before the Recovery Officer for adjustment of the waived amount and that of the amount already deposited by the petitioner with a prayer that only the rest of the outstanding amount be recovered from the petitioner. In the above facts and circumstances of the case, the petitioner may make a representation for adjustment of the said amount before the Recovery Officer, i.e. Tehsildar, Tehsil Sitarganj, district Udham Singh Nagar. If the representation is made, the Tehsildar concerned shall pass appropriate order on the representation of the petitioner within a period of two weeks from the date of production of certified copy of this order along with the representation before him. With the said direction, the writ petition is disposed of finally. All pending applications stand disposed of accordingly. (B.S.Verma,J.) RCP 3