Ram Nath vs State of Uttarakhand and Others

V.K. Bist, J.—Heard learned Counsel for the parties and perused the record.

Present petition has been filed by the petitioner challenging the Recovery Citation dated 15.06.2010 issued by respondent No. 3/Tehsildar,

Tehsil-Sitarganj, District Udham Singh Nagar (contained as annexure No. 1 to the writ petition). A writ of mandamus has further been prayed

directing the respondents to fix easiest installments of remaining amount of Bank loan.

According to the petitioner, he borrowed a sum of Rs. 60,000/- from respondent No. 2/Bank towards home loan which was sanctioned on

21.01.1997. It is stated in the petition that the petitioner is a poor farmer and his children assured him that they will deposit the loan in time. It is

asserted that due to family dispute, the petitioner was suffering mental agony and he could not deposit the loan amount to the Bank within stipulated

period. In the meantime a recovery citation was issued on 15.06.2010 by respondent No. 3 against the petitioner for recovery of loan amounting

to Rs. 2,36,987/- plus other dues.

Mr. Rakesh Kumar Joshi, Advocate appearing for the petitioner prayed that petitioner is 85 years'' old ailing person and is financially crippled,

therefore he is unable to repay the huge amount in lump sum. He submitted that without issuing any notice the respondent No. 3 has issued the

Recovery Citation on 15.06.2010 by which a sum of Rs. 2,36,987/- and other dues are sought to be recovered from the petitioner. He further

submitted that the petitioner is ready to deposit the outstanding balance amount of loan in easy installments fixed by this Court until and unless the

entire amount of loan with interest is deposited. Mr. K.K. Sah, Advocate appearing for the respondent-Bank agreed for the same.

Having heard learned Counsel for the parties and after considering the undertaking given by the petitioner, the writ petition is disposed of in the

following manner:

(i) The impugned R.C. dated 15.06.2010 issued by respondent No. 3 is hereby quashed.

(ii) The petitioner is permitted to deposit the amount of loan (with interest and recovery charges) in two years of eight equal installments with the

respondent-Bank.

(iii) The first installment shall be deposited by 31st October, 2010. Rest seven installments shall be deposited on 31st January, 2011, 30th April,

2011, 31st July, 2011, 31st October, 2011, 31st January, 2012, 30th April, 2012 and 31st July, 2012 respectively.

(iv) In case, the petitioner complies with the directions, no coercive measure shall be taken against him. Any failure on the part of the petitioner

shall amount to automatic vacation of the order.

Stay application (CLMA No. 6230/10) also stands disposed of.

Let certified copy of this order be supplied to the learned Counsel for the petitioner within 24 hrs. on payment of usual charges.