WPMS/2195/2009 of NARENDRA KUMAR SINGH Vs STATE OF UTTARAKHAND and OTHERS on 29 December 2009

1. The State of Uttarakhand, through Collector Udham Singh Nagar. Nagar.

2. Collector/District Magistrate Udham Singh Nagar.

3. Tehsildar, Jaspur District Udham Singh Nagar.

4. State Bank of India Branch Jaspur through its Manager.

… Respondents.

Sri J.S.Bisht, Advocate, holding brief of Sri Jitendra Chaudhary, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the State-respondents no. 1 to 3. Sri D.S.Patni, Advocate, learned counsel for the respondent no. 4-Bank.

Date December 29, 2009. Hon’ble B.S.Verma, J.

By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned recovery citation dated 4-6-2009 issued by the respondent no.3-Tehsildar, Jaspur, District Udham Singh Nagar (Annexure-1 to the petition). Prayer for a writ in the nature of mandamus directing the respondent no.4-Bank to permit the petitioner to deposit the outstanding amount of dues under the recovery citation in quarterly instalment has been made.

According to the petitioner, he took a loan of Rs. 80,000/- under the Prime Minister Rojgar Yojana to set up a small scale industry at his village Manduwakheda and he set up the said industry from the loan amount. But after some time due to recession in the market, the petitioner suffered a crisis and he could not repay the loan amount regularly with the respondent no.4-Bank. Ultimately, the impugned recovery citation (Annexure-1 to the petition) was issued against the petitioner demanding him to deposit amount of Rs. 84,979-00 along with interest and recovery charges.

In the course of arguments, learned counsel for the petitioner urged that the petitioner is ready and willing to deposit the entire outstanding amount before the Recovery Officer in easy instalments. On the other hand, learned counsel for the respondent-bank has submitted that the Bank-respondent no.4 would have no objection if the petitioner deposits the entire outstanding amount under the impugned recovery citation along with recovery charges in not more than three quarterly instalments along with recovery charges.

In the above facts and circumstances, the petitioner is directed to pay the entire outstanding amount under the impugned recovery citation along with interest and recovery charges, if any, in three equal quarterly instalments. The first quarterly instalment thshall be payable by 15February 2010and the subsequent instalment shall fall due on the 15[th] day of the month after every three months. In case of default in payment of any of the quarterly instalments by the petitioner as mentioned above, the respondents would be at liberty to recover the entire outstanding amount along with recovery charges from the petitioner in lump-sum. If any amount towards repayment of outstanding loan amount has been deposited by the petitioner after the issuance of recovery citation, the same shall be adjustable. Accordingly, the impugned recovery citation (Annexure No.1) shall not be given effect to by the respondents.

With the above observations, the writ petition is disposed of finally.

RCP

( B.S.Verma, J.)