THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1617 of 2010. Niranjan Singh S/O Sri Kashmir Singh R/O Village Dhoomkhera, Nanakmatta, U.S.Nagar. … Petitioner. Vs. 1. Tehsildar Sitarganj U.S.Nagar. 2. The Uttarakhand Rajya Sahkari Bank Ltd. Branch Khatima through its Branch Manager. …Respondents. Mr. Anil Kumar Bisht, Advocate, holding brief of Mr. Tumul Kumar Nailwal, Advocate, learned counsel for the petitioner. Mr. N.P.Sah, Standing Counsel, learned counsel for the respondent no. 1. Mr. K.K.Shah, Advocate, learned counsel for the respondent no. 2. Date September 21, 2010. Hon’ble B.S.Verma, J. (Interim Relief Application No. 7888 of 2010) Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned recovery notice/citation dated 15-6-2010 (Annexure No.1 to the petition) issued by respondent no.1-Tehsildar Khatima. The petitioner has also sought a writ of mandamus directing the respondent no.2 to fix suitable instalment for recovery of the loan amount. According to the petitioner, he took a loan of Rs. 80,000/- in the year 2000 towards agriculture loan for construction of a house, which was sanctioned by the Uttar Pradesh Sahkari Gram Vikas Bank Ltd. Lucknow (at present Uttarakhand Rajya Sahkari Bank Ltd.). The petitioner deposited a sum of Rs. 40,000/- in two instalments against repayment of loan amount but he could not repay further instalments due to financial crisis. Ultimately, the impugned recovery citation/notice (Annexure-1 to the petition) was issued on 15-6-2010 for recovery of Rs. 2,19,426/-, which gave rise to the present writ petition. 2 During the course of arguments, learned counsel for the petitioner has submitted that the petitioner is ready and willing the entire amount under the recovery citation (Annexure-1) along with recovery charges in easy quarterly instalments. On the other hand, learned counsel for the respondent no.2-Bank has urged that the respondent Bank would have no objection if the entire outstanding amount of loan along with recovery charges is paid by the petitioner in not more than six equal quarterly instalment and the first quarterly instalment being paid by the end of November, 2010. In the above facts and circumstances, it would be in the fitness of things that the petitioner be directed to pay the entire outstanding amount under the recovery citation in six equal quarterly instalments, the first quarterly instalment being payable by November 30, 2010. In the above facts and circumstances, the petitioner is directed to pay the entire outstanding amount under the recovery notice/citation (Annexure-1 to the petition) in six equal quarterly instalments before the recovery officer-respondent no.1-Tehsildar Sitarganj (Udham Singh Nagar) along with recovery charges. The first quarterly instalment shall be payable by the last day of November 2010 and the subsequent instalments shall fall due by the last day of the month after every three months thereafter. It is made clear that in case the petitioner commits default in payment of any of the instalments, as directed above, the respondents would be at liberty to recover the entire outstanding amount from the petitioner in lump-sum. Accordingly, the impugned recovery citation/notice dated 15-6-2010 issued by the respondent no.1 (Annexure-1 to the petition) shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of finally. (B.S.Verma,J.) RCP