Court No. - 10 Case :- WRIT - C No. - 35147 of 2010 Petitioner :- Jaiveer And Others Respondent :- Union Of India And Another Petitioner Counsel :- Deepak Dubey Respondent Counsel :- A.S.G.I.,P.K. Tripathi Hon'ble Rakesh Sharma,J.
Heard learned counsel for the petitioner and learned counsel for the
respondents.
It is submitted by learned counsel for the petitioners that the petitioners took
an agricultural loan of Rs. 2.70 lacs from the respondent-bank in the year
2004, for purchase of tractor, but on account of, drought, they did not deposit
any money and since they are petty farmer, they are covered under the
Scheme of the Central Government known as Agricultural Debt Waiver and
Debt Relief Scheme, 2008. It is further submitted that the petitioners have
moved a representation dated 21.1.2010 before the respondent-bank to waive
off the loan, under the aforesaid scheme, copy of which is annexed as
Annexure-3 to the petition. Learned counsel for the petitioners, has limited his
prayer to the extent, that the respondent-bank may be directed to decide the
aforesaid representation in the light of aforesaid scheme.
The petitioners, in the present case, claim benefit of the waiver of the loan
under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. Under
Para 7.1. of the said scheme, it is provided, that the Bank shall maintain list of
such persons, who are entitled to the waiver of the loan or any other relief
under the said scheme. Para 10.3 of the said scheme specifically states that in
case, if any agriculturist is dis-satisfied with the list prepared and published by
the Bank under Para 7.1 of the scheme, he may file a representation to the
Bank, which shall be decided within 30 days of the filing the same. The case
of the petitioners is that he filed a representation in this regard before the
respondents-Bank on 21.1.2010, which is pending and has not yet been
decided.
After hearing the learned counsel for the parties, the present petition is finally
disposed off with the consent of learned counsel for the parties, with the
direction that the respondent-bank shall consider and decide the representation
dated 21.1.2010 filed by the petitioners, if not already decided, as
expeditiously as possible in accordance with law, preferably within a period
of one month from the date of production of a certified copy of this order,
alongwith an appropriate application.
No order as to costs.
Order Date :- 15.6.2010
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