Kiran Singh vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of this writ petition, petitioner has challenged the recovery citation dated 08.11.2024 issued by respondent No.2, whereby, an amount of Rs.4,96,062/- along with the other charges was directed to be recovered from the petitioner.

The facts of the case are that the petitioner was issued an agriculture loan of Rs.2,30,000/- on 17.10.2015. Since, the petitioner is a pity farmer having a small piece of land admeasuring 0.601 Hectare in village Tedaghat, Badi Anjaniya, Khatima, District Udham Singh Nagar, he failed to repay the loan. Consequently, his account was declared NPA in the year 2022 and a recovery citation dated 08.11.2024 amount to Rs.4,96,062/- was issued by the respondent No.2 against the petitioner, which is impugned in the present writ petition as Annexure No.3.

Learned counsel for respondent No.3-Bank on instruction submitted that the petitioner was, instead, issued a loan of Rs.5,00,000/- and the total amount, which is outstanding against the petitioner, is Rs.7,29,431/- as on 14.02.2025.

Learned counsel for the petitioner submits that since the petitioner is small time agriculturist, he wants to repay the loan in easy installments, which is mentioned in Para 7 of the writ petition.

Learned counsel for the respondent No.3-Bank has submitted on instruction that the respondent No.3 is ready to give a period of 06 months to the petitioner to repay the aforesaid loan.

Having considered the submissions made by the learned counsel for the parties and on perusal of the record, this Court is inclined to interfere in the matter. In view of the fact that the petitioner is a small time agriculturist having a land admeasuring 0.601 Hectare and moreover, he is ready to repay the loan, this Court is of the view that justice would suffice if the period of two years is given to the petitioner for repayment of the loan.

Accordingly, the writ petition is disposed of. Petitioner is directed to pay the amount of Rs.7,29,431/-in 08 easy installments in every quarter at the end of third month along with interest, in the following manner:-

A. The petitioner shall pay Rs. 7,29,431/- within a period of 24 months on each installment at the rate of Rs.92,000/- per quarter (at the end of every third month).

B. The first installment of Rs.92,000/- shall be paid by the petitioner after three months from today i.e. on or before 17.05.2025.

C. However, the last installment i.e. Rs.85,431/-shall be paid by the petitioner along with interest, if any.

In case the petitioner fails to comply with the aforesaid order or to pay any installment as per aforementioned schedule, the respondent-Bank is free to proceed further in accordance with law.

Pending application, if any, stands disposed of.