NIRANJAN SINGH Vs. TEHSILDAR SITARGANJ U S NAGAR

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned recovery notice/citation dated 15-6-2010 (Annexure No.1 to the petition) issued by respondent no.1-Tehsildar Khatima. The petitioner has also sought a writ of mandamus directing the respondent no.2 to fix suitable instalment for recovery of the loan amount.

(3.) According to the petitioner, he took a loan of Rs. 80,000/- in the year 2000 towards agriculture loan for construction of a house, which was sanctioned by the Uttar Pradesh Sahkari Gram Vikas Bank Ltd. Lucknow (at present Uttarakhand Rajya Sahkari Bank Ltd.). The petitioner deposited a sum of Rs. 40,000/- in two instalments against repayment of loan amount but he could not repay further instalments due to financial crisis. Ultimately, the impugned recovery citation/notice (Annexure-1 to the petition) was issued on 15-6-2010 for recovery of Rs. 2,19,426/-, which gave rise to the present writ petition. During the course of arguments, learned counsel for the petitioner has submitted that the petitioner is ready and willing the entire amount under the recovery citation (Annexure-1) along with recovery charges in easy quarterly instalments. On the other hand, learned counsel for the respondent no.2-Bank has urged that the respondent Bank would have no objection if the entire outstanding amount of loan along with recovery charges is paid by the petitioner in not more than six equal quarterly instalment and the first quarterly instalment being paid by the end of November, 2010.