Devendra Singh Bisht vs District Magistrate Bageshwar And Others

Manoj K. Tiwari, J

Since, Mr. D.S. Patni, Advocate, who is now appearing on behalf of respondent no.3, therefore the defects indicated by the Registry is liable to be ignored.

By means of this petition, petitioner has sought following reliefs:

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 29.11.2017 issued by the respondent no. 2 (annexure no. 1 to the writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay to the petitioner the subsidy amount of 25% against the loan amount and further to adjust the same subsidy amount with the loan amount of the petitioner.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to permit the petitioner to deposit the entire outstanding douse in small and easy installments.

Heard learned counsel for the parties and perused the record.

Petitioner is an agriculturist who took a loan in the year 2015 amounting to Rs. 1,90,000/-, for establishing Dairy from Uttarakhand Gramin Bank Branch Garur, District Bageshwar/respondent no.3.

Learned counsel for the petitioner submits that due to loss of live-stock (one buffalo) in the year 2016 the earning of the petitioner has been adversely affected, therefore petitioner could not pay the loan installments on time. Thus, on 29.11.2017 respondent no.2 has issued Recovery Citation, whereby a sum of Rs. 2,87,187/- is sought to be recovered from the petitioner. He further submits that petitioner is ready and willing to deposit the outstanding amount of loan in easy installments fixed by this Court.

Mr. D.S. Patni, Advocate appearing for the Bank submits that, in case, petitioner is accommodated to deposit the loan amount in installments, condition may be imposed that any failure on the part of the petitioner will result in automatic vacation of the order passed by this Court and the bank will be free to recover the outstanding amount as per law.

After having heard learned counsel for the parties and perusing the documents on record, the writ petition is disposed of in the following terms:-

(i) Petitioner is directed to deposit a sum of Rs. 25,000/- with the Branch Manager, Uttarakhand Gramin Bank, Garur Branch on or before 31.01.2018. Subject to the condition of depositing the sum of Rs. 25,000/-, effect and operation of impugned recovery citation dated 29.11.2017 shall remain stayed.

(ii) The remaining amount shall be deposited by the petitioner in 20 equal monthly installments.

(iii) It is made clear that the last installment shall also carry the accumulated interest. In case of default in payment of even a single installment, respondent/Bank shall be at liberty to take any action against the petitioner, in accordance with law.

(iv) Recovery charges shall not be recovered from the petitioner.

(v) Any default on the part of the petitioner shall amount to automatic vacation of the order and the respondent-Bank will be at liberty to proceed in accordance with law.

Stay application (CLMA No. 16891/2017) also stands disposed of.