LAWS(BOM)-2020-7-30

KISHORE ASHOKRAO TANGADE Vs. STATE OF MAHARASHTRA

Decided On July 09, 2020
Kishore Ashokrao Tangade Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Leaveto correct the titleclauseof respondent no.6 - Bank.

(2.) Mr.Talekar, learned Counsel forthe petitioner, strenuously contends that in spite of the Government Order dated 17.01.2020, directing respondent no.6 - Bank not to charge interest from 01.10.2019 till the actual benefit is given to the persons who are entitled for the benefit under the scheme namely, 'Mahatma Jotirao Phule Shetkari Debt Waiver Scheme, 2019', respondent no.6 - Bank has not disbursed the loan amount to the eligible agriculturists on the ground that interest from 01.10.2019 has not been paid. Learned Counsel relied upon the communication dated 17.06.2020 issued bythe Divisional Joint Registrar, Co-operative Societies, Aurangabad and the letter dated 17.06.2020 by the petitionerto the Commissioner for Co-operation.

(3.) Mr.Talekar further submits that fortunately, this year, the agriculturists are benefited by the timely rains. Sowing season has commenced from the month of June. However, because of non-disbursement of the loan by respondent no.6 - Bank, many agriculturists are not in a position to sow the seeds. Learned Counsel relied upon a statement filed by him, to submit that the loans have been disbursed to 49.62% of the agriculturists and that too, to those agriculturists, who have paid interest amount calculated from 01.10.2019 onward. Such agriculturists have paid the interestamountby selling their gold ornaments and other articles. Learned Counsel submits that the beneficial scheme of the Government under the GovernmentOrder dated 17.01.2020 is not implemented by respondent no.6 - Bank in its true letter and spirit. Said Government Order is issued under Section 79A of the Maharashtra Co-operative Societies Act and is binding on respondent no.6 - Bank.