HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1478 of 2009 (M/S) Raja. … Petitioner. Versus The State of Uttarakhand and two others. … Respondents Mr. Tumul K. Nailwal, Advocate for the petitioner, Mr. K.P. Uppadhyay, Addl. Chief Standing Counsel for the State/respondents. Dated: September 4,2009: Hon’ble V.K. Bist, J. Heard learned counsel for the parties. 2. Learned counsel for the petitioner submits before the Court that the petitioner, who is the resident of Mohalla Vilhari, Tehsil-Khatima, District Udham Singh Nagar, runs a Khokha near Roadways Bus Station at Khatima and the land over which the Khokha is constructed belongs to Revenue Department. It is submitted that the petitioner is a poor vendor, earns a meager sum and he is the only bread earner in the family. It is further submitted that the respondents never asked for any damages nor they issued any notice regarding payment of damages in lieu of use of the land over which the Khokha is constructed. In the meanwhile vide order dated 22.05.2009 Tehsildar, Khatima, district Udham Singh Nagar/respondent no.3 issued a recovery notice to the tune of Rs. 19,200/-. 3. During the course of arguments learned counsel for the petitioner confined his prayer that the petitioner is a small vendor and financially crippled as such he is unable to repay the total sum in one installment, however he is 2 ready to deposit the amount of damages in easy installments regularly until and unless the entire amount of damages is deposited. 4. Mr. K.P. Uppadhyay, learned Addl. Chief Standing Counsel appearing for the State/respondents argued that since the petitioner has constructed a Khokha over the land which belongs to the Revenue Department, therefore Recovery Citation for recovery of damages has rightly been issued against him and the petitioner is liable to pay the amount of damages imposed upon him through the Recovery Citation dated 22.05.2009. 5. Having heard learned counsel for the parties and after perusing the record, the petitioner is directed to deposit the amount of damages in six equal monthly installments regularly until and unless the entire amount of damages is repaid. The first installment of the said sum shall be deposited on 20th October, 2009 and the last installment shall be deposited on 20th March, 2010. In case, the petitioner complies with the directions, no coercive measure shall be taken against him. Any failure on the part of the petitioner shall amount to automatic vacation of the order. Last installment shall include the recovery charges. 6. With these directions, the writ petition is finally disposed of. No order as to costs. (V.K. Bist, J.) 04.09.2009 NCM: