High CourtsSingle Bench(2011) 02 RAJ CK 0043

Babu Singh vs Hindaun Sahkari Bhoomi Vikas Bank Limited and Others

Rajasthan High Court · Decided on 23 February 2011

HON’BLE JUDGES
Mohammad Rafiq, J
CASE NUMBER
Civil Writ Petition No. 2409 of 2011

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Judgment

4 paragraphs · 240 words

Mohammad Rafiq, J.—Contention of learned Counsel for Petitioner is that Petitioner was granted a loan of Rs. 1,72,000/- in 1999 by Respondent No. 3 -Sawai Madhopur Sahkari Bhoomi Vikas Bank Limited, Sawai Madhopur, under the Scheme of Farm Sector. Out of this amount, Petitioner was disbursed a sum of Rs. 1,47,000/- only. On 09.03.2009 Petitioner was given a notice for deposit of installments. Petitioner wanted to make payment under the Agriculture Loan (Exemption and Relief) Scheme, 2008 of the Government of India and Reserve Bank of India, but he was informed that said scheme has been cancelled. The Respondents gave a notice dated 06.11.2009 to Petitioner for attachment of land. Recently the Petitioner has been issued notice for auction of Petitioner''s land on 31.02.2011.

2.

Learned Counsel submitted that Petitioner is small farmer and that he is covered under the Agriculture Loan (Exemption and Relief) Scheme, 2008 of the Government of India and Reserve Bank of India. As per Clause 5(1) of that Scheme, the loan amount of Petitioner was liable to be waived.

3.

In view of specific stand of Petitioners that they are covered under the Scheme of 2008, instead of directly entertaining the writ petition, I require Petitioners to approach the Managing Director/Secretary of Sawai Madhopur Sahkari Bhoomi Vikas Bank Limited, who shall pass specific order with reference to aforesaid Scheme on Petitioner''s representation within a period of one month.

4.

Writ petition accordingly stands disposed of.