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Judgment
Vinod K. Sharma, J.—The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Mandamus directing the
respondents to discharge the agricultural Farm Machine/Tractor Loan Debt No. 533452087, as the petitioner is entitled to debt Relief provided by
the State for Small Farmers. It is the pleaded case of the petitioner that he availed agriculture Farm Machine/Tractor Loan of Rs. 6,15,000/-
(Rupees six lakhs fifteen thousand only) under Agricultural Farm Loan Debt No. 533452087 from the Indian bank, Radhapuram Branch,
Radhapuram Post, Villupuram Taluk, Villupuram District.
That the petitioner did not possess any Nanjai Land, as according to Partition Deed dated 4.9.2006, the share that fell to the petitioner was
having lesser extent of punjai land, which entitles him to be classified as Small Farmer under Agricultural Debt Waiver and Debt Relief Scheme
2008.
That other persons similarly placed like the petitioner were provided debt relief from other branches. However, no details or particulars of any
such farmers or branches have been disclosed in the affidavit to enable the respondent to reply to this averment.
It is submitted that the petitioner sent a representation through Lawyer''s Notice dated 12.9.2008, but inspite of the receipt of notice, no action
has been taken on the request of the petitioner for waiver of loan. The petitioner therefore has approached this Court, with prayer noted above.
The writ petition is opposed by the Bank by filing a counter, wherein, positive stand taken is, that at the time of availing loan, the petitioner
mentioned that he was the owner of 9 acres of land and was cultivating cane and paddy. Out of this land, the petitioner had mortgaged the land
measuring 4.21 acres standing in his name.
It is also the stand of the respondent that the petitioner, as per the classification given in the scheme, would fall under the category of other
farmers, entitled to the benefit of 25% of the overdue amount and not cent percent waiver.
Clause 3.5 to 3.7 of Agricultural Debt Waiver and Debt Relief Scheme 2008 along with explanation reads as follows:
5.5. ""Marginal Farmer"" means a farmer cultivating (as owner or tenant or share cropper) agricultural land upto 1 hectare (2.5 acres)
3.6 ""Small Farmer"" means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 1 hectare and upto 2 hectares
(5 acres)
3.7 ""Other Farmer"" means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 2 hectares (more than 5 acres).
Explanation:
The classification of eligible farmers as per the above landholding criteria under the Scheme would be based on the total extent of land owned
by the farmer either singly or as joint holder (in the case of an owner-farmer) or the total extent of land cultivated by the farmer (as tenant or share
cropper), at the time of sanction of the loan, irrespective of any subsequent changes in ownership or possession.
In the case of borrowing by more than one farmer by pooling their landholdings, the size of the largest landholding in the pool shall be the basis
for the purpose of classification of all farmers in that pool as ""marginal farmer"" or ""small farmer"" or ""other farmer"".
In the case of a farmer who has obtained investment credit for allied activities where the principle loan amount does not exceed Rs. 50,000/- he
would be classified as ""small and marginal farmer"" and, where the principal amount exceeds Rs. 50,000/-, he would be classified as ""other farmer"",
irrespective in both cases of the size of the landholding, if any.
Direct agricultural loan taken under a Kisan Credit Card would also be covered under this Scheme subject to these Guidelines.
A short-term production loan and an investment loan taken by a farmer shall be counted as two distinct loans and the Scheme will apply to the
two loans separately. Likewise, in the case of a farmer who has taken two investment loans for two separate purposes, the two loans shall be
counted as two distinct loans and the Scheme will apply to the two loans separately.
Reading of Explanation-3 shows that irrespective of the landholding the petitioner cannot be classified as small or marginal farmer as the loan
availed by the petitioner was for Rs. 6,15,000/-(Rupees six lakhs fifteen thousand only) i.e., above Rs. 50,000/-.
In view of the explanation-3, there is no need to go into the controversy whether the petitioner owns 9 acres of land or 4.21 acres, which was
mortgaged. The petitioner, is not entitled to complete waiver of loan, as prayed, but only entitled to waiver of 25% of the overdue amount.
Consequently, the writ petition is disposed of by giving the benefit of waiver of 25% of overdue loan, with direction to the respondent that if the
outstanding amount, after adjusting the 25%, is paid by the petitioner, the bank shall return the tractor of the petitioner, hypothecated with the
Bank, the possession of which has been taken by the Bank to effect recovery.
No costs.
Connected MP is closed.