IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1149 of 2008 (M/S) Preetpal Singh and four others. ………..Petitioner. Versus The Collector, District Udham Singh Nagar and two others. ………Respondents. Sri A.D. Tripathi, learned counsel for the petitioners. Sri K.P. Upadhyay, learned Additional C.S.C. for the respondent no. 1 & 2. Sri B.S. Thind, holding brief of Sri S.K. Jain, learned counsel for the respondent no.3-Bank. Date July 17, 2008. Hon’ble B.S. Verma, J. Heard Sri A.D. Tripathi, leaned counsel for the petitioners, Sri K.P. Upadhyay, learned Additional Chief Standing Counsel for the State-respondent no. 1 and 2 and Sri B.S. Thind, holding brief of Sri S.K. Jain, leaned counsel for the respondent no.3 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 dated 21-6-2008 issued by the respondent no.2. (ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to keep the recovery citation in abeyance a reasonable time period 7 years has already been given to petitioner to deposit the loan amount, and restrain the respondents form recovery of the dues in absence of valid time period. (iii) Issue a writ order or direction in the nature of mandamus commanding the respondent to give a clear and correct account of the petitioner, as he is ready to deposit the entire recovery amount, in a easy and half yearly instalments. (iv) Issue a writ order or direction, which this Hon’ble Court may deem fit and proper in the circumstance of the case. (v) Award the cost of the petitioner. According to the petitioners, they are low-scale agricultural farmer. The petitioners took a loan from the Union Bank of India, Branch Rudrapur, District Udham Singh Nagar, to purchase a tractor on 14-8-2006, which was to be recovered in 21 equal instalments within a period of seven years from the date of sanction of loan. The land of the petitioners was mortgaged in lieu of the loan. The petitioners have deposited an amount of Rs,. 40,000/- towards repayment of loan on 6-7-2007 and 31-10-2007. It has been contended that the petitioners cold not repay the loan amount due to bad crops. Ultimately, the respondents have issued a recovery citation for recovery of Rs. 6,13,814/- against the petitioners (copy annexure No.1). The petitioners are ready and willing to repay the entire outstanding amount under the recovery citation in easy instalments. In the course of argument, leaned counsel for the respondent no.3-Bank has submitted that the Bank has no objection if the entire outstanding amount under the recovery citation is deposited by the petitioners in four equal quarterly instalments. Accordingly, the petitioners are 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 1st day of September 2008 and the subsequent instalment shall become due on the 1st day of the month after every three months. In case of default in payment of any of the instalments by the petitioners, the respondents shall be at liberty to recovery the entire outstanding amount of loan along with recovery charges in lump sum. If the payments are made by the petitioners, as direct above, the impugned recovery citation (copy Annexure No.1 t 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