RAM NATH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record.

(2.) 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.

(3.) 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.