IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1405 of 2008 (M/S) Mashkur Ahmad, S/O Manjur Ahmad, R/O Naugma (Chhinki), Tehsil Kichha, Pargana Rudrapur, District U.S.Nagar. …… Petitioner. Versus State of Uttarakhand through District Magistrate, Udham Singh Nagar and two others. … Respondents. Sri C.S.Rawat, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the respondent no.1&2. Sri K.K.Shah, learned counsel for the respondent no.3-Bank Date August 18, 2008. Hon’ble B.S.Verma,J. Heard learned counsel for the parties and perused the record. This writ petition has been filed for the following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari quashing the recovery citation/order dated 02-6-2008 issued by the respondent no.2 (contained as Annexure No. 1 to the writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to make easiest instalment of the said remaining amount of the bank loan. (iii) Any other appropriate writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. (iv) To award cost of the petition in favour of the petitioner. According to the petitioner, the petitioner took a housing loan of Rs. 1,00,000/- from the respondent no. 3 in the year 2006 and the same was required to be paid in monthly instalment of Rs. 1,548/-. The petitioner started to repay the loan amount and has deposited a sum of Rs. 15,793/- in the year 2006-2007 through deposit slips vide Annexure No. 2 to the writ petition. Due to natural calamity in the farming and due to illness the petitioner could not deposit further instalment of loan amount within stipulated period, hence respondent no. 2 has issued recovery citation against the petitioner on 2-6-2008 without prior notice to the petitioner and without any opportunity of hearing. The petitioner is ready and willing to repay the entire outstanding loan amount along with recovery charges in easy instalments. Hence this writ petition has been filed. During the course of arguments, learned counsel for the respondent no. 3-Bank, Sri K.K.Shah, has submitted that the Bank has no objection if the petitioner deposits the entire outstanding amount of loan under the recovery citation (Annexure No.1) in not more than four quarterly instalments and also deposits the first instalment within a period of two months along with recovery charges before the Recovery Officer. Accordingly, the petitioner is directed to deposit the entire outstanding amount under the recovery citation in four equal quarterly instalments along with recovery charges before the recovery officer-respondent no.2. The first quarterly instalment shall fall due on the 20th day of October 2008 and the subsequent instalment shall become due on the 20th day of the month after every three months. In case of default in payment of any of the instalments by the petitioner, the respondents shall be at liberty to recovery the entire outstanding amount of loan along with recovery charges in lump sum. It the payments are made by the petitioner, as directed above, the impugned recovery citation (copy Annexure No.1 to the writ petition) shall not be given effect to. With the above direction, the writ petition is disposed of finally. (B.S.Verma, J.) RCP