IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13894 of 2010
Ramanand Singh S/O Fulgandha Singh R/O Vill.- Narkatiaganj
(Purani Bazar), P.S.- Shikarpur, Distt.- West Champaran
... Petitioner
Versus
1. The Union Of India Through The Finance Secretary Govt. Of
India, New Delhi,
2. The Finance Secretary, Govt. Of India, New Delhi
3. The General Manager (Maha-Prabandhak) Reserve Bank Of
India, Govt. Of India, New Delhi
4. The State Bank Of India, Hari Nagar Branch Hari Nagar, West
Champaran Through Its Branch Manager
5. The Branch Manager, The State Bank Of India Hari Nagar
Branch, Hari Nagar, West Champaran
6. The State Of Bihar Through The Collector-Cum-District
Magistrate West Champaran At Bettiah
7. The District Certificate Officer, Bettiah, West Champaran
... Respondents
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For the Petitioner : Mr. Sanjeev Kumar No.1 and
Mr. Shyamal Prakash, Advocate
For the State : Mr. P. K.Verma, A.C. to S.C. 26
For the Bank : Mr. Kaushlendra Kr. Singh, Advocate
—————
04/ 09.08.2011 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This writ petition has been filed for the following
reliefs :-
(A) For issuance of a writ in the nature of certiorari or
any other appropriate writ, order/s, direction
quashing the entire certificate case no. 153/03
including the order dated 14.08.2009 passed by
respondent no.7 whereby and whereunder the
objection filed by the petitioner u/s 9 of Bihar &
Orissa Public Demand Recovery Act was rejected
without considering all the relevant points including
the letter dated 10.03.2008 issued under the
signature of the Finance Minister, Government of
India, New Delhi directing respondent no.3 that
2Government of India has waived all agricultural
loans taken from 15th August to 31st July, 2007 in
respect of all agriculturists having agricultural lands
up to five acres (Annexure 8).
(B) For issuance of a writ in the nature of mandamus or
any other appropriate writ, order/s, direction
commanding the respondents for the followings :-
(i) To treat Annexure 8 to the petition to be nullity
and non-est in the eye of law.
(ii) To implement the policy decision of the
Government of India, New Delhi as contained in
letter dated 10.03.2008 (Annexure 4) in the State
of Bihar in general and in the case of the
petitioner in particular.
(iii) To treat the agricultural loan in question taken
by the petitioner to have been waived of in view
of the policy decision of the Government of
India as contained in letter dated 10.03.2008
issued under the signature of the Finance
Minister, Government of India, New Delhi.
(C) For any other relief/s to which the petitioner is
found entitled to.
3. It is quite apparent that in response to notice
issued under section 7 of the Bihar & Orissa Co-operative
Societies Act, 1914 (hereinafter referred to as `the Act’ for the
sake of brevity) in Certificate Case No. 153 of 2003, the
petitioner had filed his objection under section 9 of the Act, which
was rejected by the authorities by impugned order dated
14.08.2009 (Annexure 8) and recovery notice under section 17 of
the Act was directed to be issued. About eleven months thereafter
the instant writ petition has been filed by the petitioner although
the matter in issue involves question of facts, which are disputed
and an appeal is specifically provided under the Act against the
impugned order, which has been passed under section 10 of the
3
Act.
4. In the said circumstances, there is no occasion for
the petitioner to approach this Court as adequate and proper
remedy for him was to file an appeal before the appellate
authority, who was fully entitled to consider all the issues
involved in the matter or raised by the petitioner.
5. In the said circumstances, this Court does not find
any reason to interfere in the matter and this writ petition is,
accordingly, dismissed. However, the petitioner will be entitled to
approach respondent-Bank for One Time Settlement if such
Settlement is legally permissible.
MPS/ ( S. N. Hussain, J. )