IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 32 of 2008 (M/S) Narendra Pal Singh, S/O Hansraj, R/O Village Surajpur No. 2, Tehsil Gadarpur, District Udham Singh Nagar. …… Petitioner. Versus The Collector, District Udham Singh Nagar and three others. … Respondents. Sri Siddhartha Sah, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the State-respondents. Sri H.M.Bhatia, learned counsel for the respondent no.3. Date April 22, 2008. Hon’ble B.S.Verma, J. Heard Sri Siddhartha Sah, learned counsel for the petitioner, Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respondent no.1 and 2 as well as Sri H.M.Bhatia, learned counsel for the respondent no.3 and perused the record. This writ petition has been filed for issue a writ, order or direction in the nature of certiorari to quash the attachment notice dated 31-12-2007 issued by the respondent No. 2 against the petitioner (Annexure No.3). Prayer for writ of mandamus commanding the respondent nos. 3 and 4 to allow the petitioner to repay the loan in easy instalments has also been made. According to the petitioner, he took agricultural loans from the respondent on 18-2-2003 for the sum of Rs. Two lacs and on 4-8-2003 for a sum of Rs. Three lacs. Due to crop failures, the petitioner could not repay the loan amount to the bank concerned and ultimately demand notice Annexure No. 1 was issued by the respondent no.3-Bank. It has been alleged thata the petitioner has already deposited certain amounts as detailed in paragraph no.4 of the writ petition against the recovery measures drawn against the petitioner. Copies of receipts have been filed as Annexure No.2. 2 The respondent no.2 issued attachment notice dated 31-12-2007 against the petitioner vide Annexure No.3. The petitioner is ready and willing the entire outstanding amount of loan along with recovery charges in easy instalments. In the course of arguments, learned counsel for the respondent no.3-Bank submitted that the Bank has no objection if the entire outstanding amount of loan along with recovery charges is paid by the petitioner in not more than four quarterly instalments. The first instalment should be paid by the petitioner on 1-6-2008. In the circumstances of the case, the petitioner is directed to repay the entire outstanding loan amount along with recovery charges before the Recovery Officer in four equal quarterly instalments. The first quarterly instalment shall fall due on the 1st day of June 2008 and the subsequent instalments shall become due on the first day of the month after every three months. The amounts already deposited by the petitioner, if any, shall be adjusted towards repayment of loan by the respondents. In case of default in payment of any of the quarterly instalment, as directed above, the respondents would be at liberty to recover the entire outstanding amount of loan along with recovery charges from the petitioner in lump sum. Accordingly, the impugned attachment notice dated 31-12-2007 issued by the respondent no.2 (Annexure No. 3 to the writ petition) shall not be given effect to. With the above direction, the writ petition is disposed of finally. Costs easy. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 3 4 5 6