BAL KRISHNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by 79 persons claiming inter alia a direction upon the respondents not to recover the loan granted to the petitioners who are members of Primary Credit Societies.

(2.) According to the case made out in the writ petition the petitioners are small and marginal farmers. The petitioners claimed that they are members of different Primary Agriculture Credit Societies, in Ram Nagar Block of Bagaha Subdivision in the district of West Champaran. According to the averment made in para-8 of the writ petition, the petitioners were advanced loan by their respective primary societies in 1986. It is further stated that a manifesto was issued by the Janta Dal in the election of 1989 in which one of the promise was to write off the loan given to the farmers till 2nd October, 1989 to the extent of Rs. 10,000/-.The further averment in the writ petition is that after the said election Janta Dal candidate came in power, and the then Finance Minister of the Government of India provided 10,000 crores rupees in the union budget of 1990-91 in view of aforesaid announcement in the election manifesto. There is also reference in the writ petition to various announcements in regard to the said promise to write off loan made by political leaders. The petitioners contend that on the basis of said announcement and declaration, a Scheme was prepared which is dated 15th June, 1990 by the Co-operative Department, Government of Bihar. The said Scheme was subsequently extended.

(3.) The case of the petitioners is that they are coming under the purview of the said Scheme, and in accordance with the said Scheme they are entitled to be exempted from the said loan to the extent of Rs. 10,000/- in the matter of repayment of loans which are taken by them. Learned Counsel further relied on the subsequent communication of the State Government which would show that the realisation of the loan was stayed due to drought which would appear from Annexure-6, and also from Annexures-7,8 and 9. Ultimately, by the communication dated 27th May, 1995, the Chief Secretary of the State Government wanted to realise the same, and the petitioners being aggrieved by the same have come before this Hon'ble Court.