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LPA/2230/2010 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2230 of 2010
In
SPECIAL CIVIL APPLICATION No. 2992 of 2009
With
LETTERS
PATENT APPEAL No. 2231 of 2010
In
SPECIAL CIVIL APPLICATION No. 2993 of 2009
With
LETTERS
PATENT APPEAL No. 2232 of 2010
In
SPECIAL CIVIL APPLICATION No. 2994 of 2009
With
LETTERS
PATENT APPEAL No. 2233 of 2010
In
SPECIAL CIVIL APPLICATION No. 2995 of 2009
And
LETTERS
PATENT APPEAL No. 2234 of 2010
In
SPECIAL CIVIL APPLICATION No. 2996 of 2009
For
Approval and Signature:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
JAYESH
GULABBHAI PATEL - Appellant(s)
Versus
UNION
OF INDIA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
BJ TRIVEDI for
Appellant(s) : 1, MR JT
TRIVEDI for Appellant(s) : 1,
MR PS CHAMPANERI for Respondent(s) : 1,
MR AMAR
N.BHATT for Respondent(s) : 2,
MR BS PATEL for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 19/04/2011
COMMON
ORAL JUDGMENT
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)
In
all these Appeals, the appellants have challenged the common judgment
dated 25th November 2009 or part thereof, whereby the
learned Single Judge has laid down certain principles for
determination of question of waiver of agricultural debt.
Learned
counsel appearing on behalf of the respondent would submit that the
aforesaid common judgment dated 25th November 2009 fell
for consideration before a Division Bench of this Court in the case
of “Kantibhai Chhotubhai Patel v/s. Union of India”, in
Letters Patent Appeal No.1484/2010 and analogous cases, wherein by a
common judgment dated 11th March 2011, the Division Bench
of this Court, while reversing some of the findings given by the
learned Single Judge, clarified the matter and disposed of the
Appeals with certain observations and liberty to the farmers.
Learned
counsel appearing on behalf of the appellants, while accepting that
the judgment dated 11th March 2011 passed in the case of
“Kantibhai Chhotubhai Patel” (supra) covers the present
Appeals, would contend that no specific finding has been given with
regard to the land purchased by some of the farmers for agriculture
purpose and activities allied to agriculture out of the loan amount.
We
have heard learned counsel for the appellants and the respondent and
also perused the judgment.
We
have noticed that the Division Bench of this Court, while disposing
of the case of “Kantibhai Chhotubhai Patel” (supra), has
dealt with the question of loan which has been given for agriculture
purpose and activities allied to agriculture. Whether an individual
agriculturist has utilized the loan for agriculture purpose or
activities allied to agriculture, being based on the question of
facts of each case, such issue has not been decided by this Court but
left it open for the concerned Bank to examine and decide such claim,
if any, made by individual farmer(s). The observation of the learned
Single Judge that such examination has to be done by the nodal agency
has only been reversed.
In
view of the aforesaid judgment rendered in the case of “Kantibhai
Chhotubhai Patel” (supra) and the clarification as made above,
and as the appellants are also covered by such judgment, no separate
order need be passed in the present case. The farmers and members of
the cooperative societies are given liberty to claim as per the
judgment rendered in the aforesaid case. The Appeals stand disposed
of.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
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