HARI OM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER before this Court had taken loan for agricultural purposes. With the enforcement of Agricultural Debt Waiver & Debt Relief Scheme, 2008, he made an application for monetary benefits being provided thereunder. His application has been turned down under the letter dated 23.04.2009 issued by the Branch Manager of respondent Bank on the ground that agricultural termed loan as was sanctioned to the writ petitioner is not covered under the Scheme of 2008. The order is being questioned before this Court on the plea that agricultural term loan is also covered under the Scheme of 2008. Shri P.K.Singhal, learned counsel for the respondent Bank has obtained instructions in the matter and it is stated that the impugned letter has been issued on incorrect advice. The matter has been re- examined by the Bank as per letter dated 23.05.1999 wherein reasons for benefit of Scheme of 2008 being not available to the petitioner have been disclosed. A copy of the letter has been handed over to the counsel for the petitioner today in the Court. PETITIONER contends that he may be afforded an opportunity to dispute the correctness of the facts now recorded in the letter dated 23.05.2009 before the Bank itself at the first instance. Counsel for the respondent Bank in reply further submits that the petitioner may be granted liberty to approach the Branch Manager bringing to his knowledge such fact as may be relevant for questioning the letter dated 23.05.2009. In view of the aforesaid this writ petition is disposed of by providing that the petitioner may make an application ventilating all his grievances against the letter dated 23.04.2009, within two weeks from today along with a certified copy of this order. On such an application being made the Branch Manager shall examine and decide the claim of the writ petitioner with reference to the Scheme of 2008, preferably within four weeks, thereafter by means of a reasoned order. It has been stated on behalf of the Bank that till the matter is so examined, no coercive action shall be taken against the writ petitioner.