GONAUR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a member of the Scheduled Caste. He has filed this writ petition for a declaration that he is not obliged to make repayment of an alleged loan of Rs. 10,000/ - given to him by the Land Development Bank, Branch Pakridayal, East Champaran. According to him the alleged loan to him is fraudulent. In fact he never made an application for the grant of loan nor was any money ever given to him by the Bank or its officials. It is stated that the writ petitioner is completely illiterate and he never possessed any land either at time of the grant of loan or now. There is, therefore, no question of any loan being granted to him for purchase of a 10 HP pump set. According to him he lives with the members of his family on a piece of Gairmazama Aam land and he does not have even a homestead piece of land.

(2.) IN the counter affidavit filed on behalf of respondent no.5 the statements made by the writ petitioner are denied and various documents are enclosed in support of the claim that a loan was in fact given to the petitioner. The loan application (copy at Annexure -D) bears some thumb impressions. The petitioner denies that those were the impression taken from his thumb.

(3.) ALTHOUGH normally a writ court would not entertain such a petition all through involving disputed questions of fact but having regard to the fact that large number of frauds are committed in this State in grant of Bank Loans, I consider it appropriate to ask the Administrator, Bihar State Co - operative Land Development Bank Limited, Budh Marg, Patna to have an enquiry made in this matter and to submit his report to this court within six weeks from today.