IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No.4329 of 2010 In Writ Petition No. 883 of 2010 (M/S) Virsa Singh ……Petitioner Versus Union of India and others. …….Respondents. Mr. Kishore Kumar, Advocate holding brief of Mr. D.S. Mehta, Advocate for the petitioner. Mr. Ajaj Singh Bisht, Advocate for the respondent No.1. Mr. K.P. Upadhyay, Addl.C.S.C. for the respondent Nos. 2 and 4. Mr. Gopal Narain, Advocate for the respondent No.3. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. Supplementary affidavit filed on behalf of the petitioner be taken on record. By means of this petition, the petitioner has sought following reliefs:- (I) Issue a writ, order or direction in the nature of certiorari for quashing the impugned recovery citation dated 11- 05-2010 issued by the respondent No.4 (contained annexure No.1 to this petition). (II) Issue a writ, order or direction in the nature of mandamus directing the respondents not to initiate recovery proceedings in pursuance of impugned recovery citation till the pendency of present writ petition. (III) Issue any other writ or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. (IV) Award cost of the petition. Learned counsel for the petitioner has submitted that according to the petitioner he is a small farmer who applied for 2 agricultural loan from Kashipur Sahkari Ganna Vikas Samiti Ltd. in the year 2006. The loan was accordingly sanctioned to the petitioner. As per Clause 5.1 of the Agricultural Debt Waiver and Debt Relief Scheme, 2008, in the case of a small or marginal farmer, the entire eligible amount shall be waived. The petitioner may make a representation before the respondent No.3 i.e. Secretary/Special Secretary, Kashipur Sahkari Ganna Vikas Evam Vikri Samiti Ltd. Kashipur, District Udham Singh Nagar and the authority after scrutinized the facts, pass speaking and reasoned order whether the petitioner is a small farmer or not or whether he is entitled for the benefit of the scheme or not. The representation to the respondent No.3 be made within a week, it is directed that the respondent No. 3 shall decide the representation of the petitioner by speaking and reasoned order within a period of four weeks thereafter. Till the decision on the representation by the respondent No.3 no recovery shall be made from the petitioner. With the above direction and observations, the writ petition is disposed of finally. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 11-06-2010 MK