IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 1540 of 2012.

Pooran Singh S/O Dara Singh.

...Petitioner.

Vs.

State of Uttarakhand and three others.

...Respondents.

Mr.H.S.Dhillon, Advocate, learned counsel for the petitioner. Mr. Paresh Tripathi, Advocate, learned counsel for the respondents Nos. 1 to 3.

Date July 23, 2012.

Hon'ble B.S.Verma, J.(Oral)

Heard.

By means of this writ petition, the petitioner has sought a writ, in the nature of certiorari quashing recovery citation dated 7-6-2012 (Annexure-1 to the petition) issued by respondent no.3 and Government Order dated 13th June 2002 numbered as 568/Finance Section-1/2002 (Annexure-4) passed by the respondent no.1. The petitioner has also sought a writ in the nature of mandamus commanding the respondents to recover the loan amount in instalments.

According to the petitioner, on 9-7-2007, he took an agricultural loan worth Rs. 5,00,000/- under Kishan Gold Card Scheme from the State Bank of Patiala, branch Khatima. The petitioner has annexed copy of statement of account showing that an amount of Rs. 4,63,668/- was balance upto 29-2-2012 as Annexure-2 to the writ petition. The petitioner could not pay the loan amounts due to loss in the farming. Ultimately, the impugned recovery citation amounting to Rs. 8,78,100/- and other charges has been issued against the petitioner. During the course of arguments, learned counsel for the petitioner has submitted that the petitioner is ready to repay the entire outstanding amount in eight equal quarterly instalments, except the recovery charges.

Having heard the submissions of learned counsel for the parties and having considered the facts and circumstances of the case as well as to meet the ends of justice, the petitioner may be directed to pay 2

the entire outstanding amount under the recovery citation along with 50% of the recovery charges plus interest in eight equal quarterly instalments.

Accordingly, the petitioner is directed to pay the entire outstanding amount under the impugned recovery citation along with 50% of the recovery charges in eight equal quarterly instalments plus interest thereon. The first quarterly instalment shall be payable by the 25th day of September, 2012. The subsequent instalments shall be payable by the 15th day of the month after every three months thereafter. In case the petitioner continues to pay the instalments as directed above, before the Recovery Officer, the recovery proceedings pursuant to the impugned recovery citation shall remain stayed. In case of default in payment of either of the instalments, as above, the interim order shall be deemed to be vacated. (Stay Application No.7475 of 2012 is disposed of.)

The respondents are allowed four weeks' time to file their counter affidavit, defending the impugned Government Order dated 13- 6-2002.

List thereafter along with Writ Petition (M/S) No. 788 of 2012.

(B.S.Verma,J.)

RCP