JAYESH GULABBHAI PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) IN all these Appeals, the appellants have challenged the common judgment dated 25th November 2009 or part thereof, whereby the learned Single Judge has laid down certain principles for determination of question of waiver of agricultural debt.

(2.) LEARNED counsel appearing on behalf of the respondent would submit that the aforesaid common judgment dated 25th November 2009 fell for consideration before a Division Bench of this Court in the case of ?Kantibhai Chhotubhai Patel v/s. Union of India?, in Letters Patent Appeal No.1484/2010 and analogous cases, wherein by a common judgment dated 11th March 2011, the Division Bench of this Court, while reversing some of the findings given by the learned Single Judge, clarified the matter and disposed of the Appeals with certain observations and liberty to the farmers.

(3.) WE have noticed that the Division Bench of this Court, while disposing of the case of ?Kantibhai Chhotubhai Patel? (supra), has dealt with the question of loan which has been given for agriculture purpose and activities allied to agriculture. Whether an individual agriculturist has utilized the loan for agriculture purpose or activities allied to agriculture, being based on the question of facts of each case, such issue has not been decided by this Court but left it open for the concerned Bank to examine and decide such claim, if any, made by individual farmer(s). The observation of the learned Single Judge that such examination has to be done by the nodal agency has only been reversed.