Bhagwan Singh vs Union Of India And Others on 3 September, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH


                                      Civil Writ Petition No.13729 of 2009
                                             Date of Decision: 03.09.2009


Bhagwan Singh
                                                                    Petitioner
                                   Versus
Union of India and others
                                                                 Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:     Mr.Inderjit Sharma, Advocate for the petitioner

                          .....

Jasbir Singh, J.(Oral)

It is contention of counsel for the petitioner that as per Policy,

floated by the Government of India (P2), the petitioner is entitled to get

waiver of 100% loan amount, as his holding is less than five acres.

However, when implementing Policy, mentioned above, the petitioner was

granted benefit only to the extent of 25% waiver, so far as loan amount is

concerned. To say that the petitioner owns less than five acres of land,

reference has been made to a document dated 11.7.2008 (P5), issued by the

Tehsildar, stating that the petitioner owns only 39 kanlas 14 marlas of land.

During arguments, it transpires that by stating his grievance,

the petitioner has sent a representation/ complaint to the respondent No.4,

which is pending undecided.

In view of facts mentioned above, this writ petition is disposed

of by issuing directions to respondent No.4 to take note and decide

grievance of the petitioner as raised in his representation, by passing a
Civil Writ Petition No.13729 of 2009 2

speaking order. If the petitioner is found eligible for 100% waiver, for the

loan amount, as per Policy Annexure P2, relief be granted to him forthwith.

To the contrary, if the officer concerned wishes to reject claim of the

petitioner, on valid grounds, he may pass a speaking order and supply a

copy of the same to him. Before passing any adverse order, an opportunity

of hearing be provided to the petitioner. Needful be done within a period of

two months from the date of receipt of a copy of this order.

03.09.2009                                  (Jasbir Singh)
gk                                              Judge