Court No. - 24 Case :- MISC. SINGLE No. - 3893 of 2010 Petitioner :- Chet Ram Respondent :- Nodal Officer Bank Of India Lucknow Zone Lucknow And Another Petitioner Counsel :- Ram Pratap Singh Chauhan Hon'ble Rajiv Sharma,J.
Heard.
Counsel for the petitioner does not dispute the factum of taking loan and
committing default in not re-paying the loan advanced to him. His
assertion is that in the year 2008 the Government of India issued
guidelines for Agricultural Debt Waiver and Debt Relief Scheme, 2008
for the relied and reform of small farmers. According to the said
guidelines the farmers, who have taken agricultural loan between 1997
to 2007 are eligible for waiver of loan under the Scheme. The petitioner
had taken agricultural loan in the year 2003 as such he was also eligible
for the waiver of his loan under Agricultural Debt Waiver and Debt Relief
Scheme, 2008. The Bank without considering the representation of the
petitioner dated 27.5.2009 and extending the benefit of the said
scheme, initiated the recovery proceedings, which is wholly unjustified
and unwarranted.
Counsel for the petitioner submits that the interest of justice would
suffice if the Bank of India is directed to decide the representation for
extension of benefit of scheme in respect of loan taken by the petitioner.
Accordingly, without entering into the merits of the case, the opposite
parties nos. 1 and 2 are directed to consider and pass appropriate
orders on the representation of the petitioner for waiver of loan in terms
of Agricultural Debt Waiver and Debt Relief Scheme, 2008.
With the aforesaid observations and directions, this writ petition is
disposed of finally.
Order Date :- 13.7.2010
HM