BACHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present petition has been filed by the petitioner for the following reliefs:

(3.) Brief facts of the case, as narrated in the writ petition, are that the petitioner is a permanent resident of village Siroli Kalan, Post office Kichha, District Udham Singh Nagar. He took an agricultural loan amounting to Rs.95,000/- from the respondent no.3- Oriental Bank of Commerce, Branch Kichha, District Udham Singh Nagar in the year 2005 for which the land bearing Khasra no.50 (measuring 1.1760 hectare) and Khasra no.62 Kha (measuring 0.0920 hectare) was mortgaged. In the year 2006, the loan amount of the petitioner was enhanced upto Rs.2 Lakhs by the respondent no.3 and 1/6th share of the land bearing Khasra no.407 and 417 belonging to the petitioner was mortgaged. In the year 2008, the respondent no.1 issued a scheme i.e. Agricultural Debt Waiver and Debt Relief Scheme, 2008 for the welfare of the farmers and categorized them in the scheme. The case of the petitioner is that he comes under the category of small farmers and is covered under the scheme. Learned counsel for the petitioner submitted that in view of this fact, the entire loan amount of the petitioner is liable to be waived but the respondent no.3 has not issued desired certificate as provided in Clause 9 of the aforesaid scheme.