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Judgment
Aparesh Kumar Singh
Heard learned counsel for the parties. These thirteen writ petitioners have challenged the notice issued by the respondent nos. 8 to 10 for
recovery of the loan amount on the basis of Kisan Credit Card (Agriculture Loan) which, according to the petitioners themselves, involves principal
amount sanctioned above Rs. 10,000/- taken in the year 2000-2001 for the purpose of development, of agriculture purposes and sanctioned by
the Dumka Central Cooperative Bank Limited, Dumka Branch-Sahebganj. Petitioners seek waiver of the aforesaid loan in view of the policy
decision of the State Government.
Learned counsel for the petitioners relies upon the letter dated 10.02.2006 (annexure-3) issued by the District Cooperative Officer, Sahebganj
to the Managing Director, Dumka Central Cooperative Bank Ltd. Dumka and submits that the respondent District Cooperative Officer has
deposited the entire amount of liability against the loan as sought for by the Bank totaling Rs. 511.25 lakhs and Rs. 14.99 lakhs also have been
deposited for complying the scheme of waiver as decided by the State Government under its policy decision i.e. Cooperative Agriculture Loan
Waiver Scheme 2003.
Counsel for the respondents, on the other hand, by referring to the categorical statement made in paragraph-5 of the counter affidavit, submits
that all these writ petitioner have taken loan beyond Rs. 10,000/- and as per the policy decision conveyed to the concerned officials including the
respective banks, the loan amount up to Rs. 10,000/- as on 31.03.2003 with interest can be waived as per the policy decision of the State
Government for which a sum of Rs. 89.00 crores were sanctioned to the different district cooperative banks including Dumka. Counsel for the
respondents therefore submits that these petitioners do not come in the category of Cooperative Agriculture Loan Waiver Scheme 2003 as they
admittedly have taken loan above Rs. 10,000/-. Having heard learned counsel for the parties and having gone through the relevant materials
including letter dated 10.02.2006 and the policy decision of the Government (Annexure-1), it is apparent that the Cooperative Agriculture Loan
Waiver Scheme 2003 was applicable for loan up to Rs. 10,000/- + interest as on 31st March 2003. These petitioners do not come in this
category as they admittedly have taken loan beyond Rs. 10,000/- and therefore, these writ petitioners are not entitled to any relief. This court
cannot interfere with the policy decision of the State on account of sympathy towards the petitioners. This writ petition is devoid of any merit and it
is accordingly dismissed.