KISHORE ASHOKRAO TANGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant Public Interest Litigation is filed seeking direction against the Banks to effectively implement the Crop Loan Waiver Scheme promulgated by the Government under Government Resolution dated 27.12.2019.

(2.) Mr. Talekar, learned counsel for the petitioner strenuously contends that the beneficial scheme sanctioning the crop loan waiver was introduced by the Government considering the economic condition of the agriculturist in the State of Maharashtra. All the agriculturist availing the benefit of crop loan from 01.04.2015 to 31.03.2019 are entitled to the benefit of the crop loan waiver to the extent of Rs.2,00,000/-. Under the Government Resolution dated 17.01.2020, it is also directed by the State Government that from 01.10.2019 till the actual benefit of the loan waiver scheme is given, the Bank shall not levy interest. The Banks are not disbursing the loans on the ground that agriculturist have not paid interest from 01.10.2019 onwards. The same is not in consonance with the Government Resolution dated 17.01.2020. The Government Resolution dated 17.01.2020 granting waiver of interest is issued under Section 79(A) of the Maharashtra Co-operative Societies Act, 1960, the same has a binding force upon the Co-operative Banks.

(3.) The learned counsel further contends that respondent no.6-Bank is not giving loans to the agriculturist who are entitled for the benefit of the loan waiver scheme under the Government Resolution dated 27.12.2 019 on the ground that they have not paid interest since 01.10.2019, so also respondent no.6-Bank is demanding No Dues Certificate, if the loan is outstanding to be payable to other Banks. According to the learned counsel, the Bank cannot demand No Dues Certificate, it only has to ask for No Objection Certificate. The learned counsel placed his reliance upon the master circular issued by the Reserve Bank of India, more particularly Clause 4.2 thereof. The learned counsel submits that the respondent no.6-Bank has issued circular dated 11.05.2020 asking for No Dues Certificate, so also under Clause 7 has refused to grant benefit to the agriculturist who have been given benefit of loan waiver scheme 2008, 2009 and Shetkari Sanman Yogna 2017, the same is illegal.