IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No.1539 of 2009. Balwant Singh S/O Shri Indar Singh, R/O Village Tukari Nanakmatta, District-Udham Singh Nagar. … Petitioner. Vs. Collector, District Udham Singh Nagar and two others. … Respondents. Sri Rajesh Joshi, Advocate, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the respondent Nos. 1&2. Ms. Nilima Mishra, Advocate, holding brief for Sri D.Barthwal, learned counsel for the respondent no.3. Date October 27, 2009. P.C.: Hon’ble B.S.Verma, J. Heard Sri Rajesh Joshi, learned counsel for the petitioner, Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the respondent nos. 1 and 2 and Ms. Nilima Mishra, Advocate, holding brief of Sri D.Barthwal, learned counsel for the respondent no.3 and perused the record. This writ petition has been filed for the following reliefs:- (A) Issue a writ, order or direction in the nature of certiorari to quash the recovery citation dated 19-05- 2009 issued by the Tehsildar Udham Singh Nagar, district Udham Singh Nagar. (B) Issue a Writ, order or direction in the nature of mandamus directing the respondents to furnish the details of loan dues towards the loan amount to the petitioner. (C) Issue any suitable writ order or direction and further orders which this Hon’ble Court deem fit and proper in the circumstances of the case. 2 (D) Award the cost of the writ petition to the petitioner. According to the petitioner, he applied for loan and the respondent no. 3 sanctioned a loan of Rs. 47,500/- under the scheme of backward class term loan Yogana, repayable in monthly instalments within a period of five years to start dairy business. Due to disease caused to buffaloes of the petitioner, his dairy business collapsed and the petitioner could not make payment of his instalments regularly. Consequently, the impugned recovery citation for recovery of Rs.69,439/- was issued against the petitioner. The grievance of the petitioner is that the petitioner is covered under the Agricultural Loan Waiver and Relief Policy 2008 by which the Government of India decided to waive all the agricultural loans advanced to medium and small farmers. Counter affidavit has been filed by the respondent no. 3 and it is stated in paragraph no. 7 that the loan taken by the petitioner is not covered under the Krishi Rin Mafi Evam Rahat Yojana 2008. So far as the grievance of the petitioner whether the loan, which was taken for the petitioner for dairy purpose is covered under the aforesaid Scheme and whether he is entitled to the relief under the said Scheme, it is a disputed question of fact, which cannot be decided in writ jurisdiction. However, the question whether the petitioner is entitled for relief under the Krishi Rin Mafi Evam Rahat 3 Yojana 2008 is concerned, it is directed that the petitioner may make a representation before the Recovery Officer, i.e. Tehsildar-respondent no.2, who after hearing the petitioner as well as the respondent no. 3 or its representative may pass an appropriate order whether or not the case of the petitioner is covered under the said Scheme. The petitioner shall make the representation within a week from today. The representation of the petitioner if made shall be decided thereafter within a period of eight weeks from the date of production of certified copy of this order. Till the decision on the representation, no coercive steps shall be taken for recovery against the petitioner. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of. (B.S.Verma,J.) RCP 4