THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 206 of 2010. Charan Singh S/O Jai Singh, R/O Village Dhimarkhera, Tehsil Gadarpur, District Udham Singh Nagar. … Petitioner. Vs. 1. State of Uttarakhand through Collector, Udham Singh Nagar. 2. Sub Divisional Magistrate, Gadarpur, Udham Singh Nagar. 3. Tehsildar, Tehsil Gadarpur, District Udham Singh Nagar. 4. Udham Singh Nagar, District Cooperative Bank Gadarpur through its Branch Manager. …Respondents. Date February 25, 2010. Hon’ble B.S.Verma, J. Mr. Lokendra Singh, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, learned Additional Chief Standing Counsel for the respondents No. 1 to 3. Mr. K.C.Tiwari, Advocate, for the respondent No. 4-Bank. 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 recovery citation dated 16-12-2009 issued by Tehsildar Gadarpur (Udham Singh Nagar) and order of attachment and lease dated 07-01-2010. Further prayer for issue a writ in the nature of mandamus directing the respondents to fix reasonable instalment of the arrears of the said loan has been made. According to the petitioner, he is a small tenure holder of Scheduled Tribes in Tehsil Gadarpur and he took a loan of Rs. 5,00,000/- from the respondent no. 4-Udham Singh Nagar District Cooperative Bank, Gadarpur for purchase of a tractor in the year 2006 and the petitioner started to repay the instalment of loan vide receipts annexed as Annexure-2 to the petition. The Government of India issued a Government Order thereby a scheme of exemption of loan came into force for which the petitioner contacted the Bank and did not repay the further instalments. Ultimately, recovery citation dated 16-12-2009 was issued by respondent n.3- Tehsildar concerned. Copy of recovery citation for recovery of Rs. 5,78,549/- plus other charges has been annexed as Annexure-3 to the petition. It is also stated that subsequently the respondents had attached the land of the 2 petitioner. Copy of order of attachment and lease has been annexed as Annexure-6 to the petition, which are under challenge in the present petition. The petitioner is ready and willing to repay the entire outstanding amount. During the course of arguments, learned counsel for the petitioner has urged that the petitioner is ready and willing to repay the entire outstanding amount under the recovery citation in easy instalments. On the other hand, Mr. K.C.Tiwari, learned counsel for the respondent no.4- Bank has submitted that the Bank would have no objection, if the petitioner deposits a sum of Rs. 1,00,000/-(one lac) by 31st March 2010 and the rest of the amount is paid in four equal quarterly instalments, the last being payable by 31st March 2011. In the above facts and circumstances, the petitioner is directed to deposit a sum of Rs. 1,00,000/-(Rs. One lac) latest by 31st day of March 2010 before the recovery officer-respondent no.3. Thereafter, the petitioner shall pay the rest of the amount along with recovery charges in four equal quarterly instalments. The first quarterly instalment shall be payable by 30th June 2010 and the subsequent instalments shall be payable by 30th September 2010, 31st December 2010 and 31st March 2011. It is made clear that in case the petitioner fails to deposit any of the instalments including the sum of Rs. 1,00,000/-, as directed above, the respondents would be at liberty to recover the entire outstanding amount along with recovery charges from the petitioner in lump-sum. Accordingly, the impugned recovery citation (Annexure-3) as well as the consequential attachment order issued by the respondent no.1 (Annexure-6 to the petition) shall not be given effect to by the respondents. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of. (B.S.Verma,J.) RCP 3