DATAR SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner is a resident of village Ramawas Kalan, Tehsil Jetaran, District Pali. He is an agriculturist by occupation. The Agriculture Department of the Government of Rajasthan published in July, 1971 a scheme called. The Cluster Scheme of Tube-wells" whereby it proposed to construct tube-wells in selected areas and make it available to the farmers at the reduced rate for irrigation purposes. According to the Scheme a duly electrified tube-well of the capacity of half cusic with submersible electric motor pump was to be installed. Under the Scheme, there was provision for getting loan sanctioned from the Land Development Bank or any other Bank by the Department to the prospective purchaser of the tube-well or to make the loan facility available to such purchaser by the Department itself. On the basis of hydro-geological survey, few villages in every Panchayat Samiti of each of the districts of Rajasthan State were selected for implementation of the said Scheme. In the select list, the village of the petitioner could not appear. However, the petitioner too was approached by the 2nd respondent Project Officer and was induced to participate in the Scheme and accordingly, the petitioner had submitted an application in the prescribed form. The Collector, 3rd respondent accorded his sanction and in pursuance thereof, a sanction letter was issued to the Project Officer, respondent No. 2. Thereafter the bore-hole was made at the point given by the experts and was drilled up to the depth of 330 feet. The water table was found at the depth of 90 feet.

(2.) Respondent No.2 directed the petitioner to apply for a loan from Pali Co-operative Land Development Bank Ltd., Pali and accordingly, he made an application in the prescribed form before the said Bank. The petitioner deposited Rs. 252.50 as share money, administration fee and administrative fee. The 2nd respondent was asked to deposit Rs. 1877/- connection fee for and on behalf of the petitioner so that connection of the tube well could be released in time. But no electrical motor was installed nor the fittings were made and, therefore, the connection was not released. It is the case of the petitioner that because of the inaction on the part of the Department, the motor was not installed on the tube well nor loan was got sanctioned from the Bank to the petitioner by the 2nd respondent. However, without completing the above formalities, the 2nd respondent asked the petitioner to inform him within 15 days as to whether he was willing and ready to purchase the tube well in the present condition at the price indicated. The objections were raised regarding enhancement of the cost and the delayed offer of the delivery' of possession of the tube well in question. Thereafter there was correspondence going on for purchase of the tube well. However, the net result was that no possession was delivered to the petitioner nor it was purchased by him. The second respondent sent a requisition for a certificate to initiate the proceedings against the petitioner under the provisions of the Rajasthan Public Demands Recovery Act, 1952 (for short The Act) to recover the cost of the tubewell in question + interest since 12-9-73 on prevailing rates and the cost deposited to the R.S.E.B. in the sum of Rs. 1875.00 and interest thereon since 20-2-76. The recovery proceedings were drawn up by registering a case. The petitioners property is put under attachment and was put for auction. The petitioner has approached this Court for the redress. Thus, in nut-shell the petitioners case is that on account of the delay caused by the officers in proper implementation of the project Scheme he could not purchase the tubewell at reasonable cost. For the mistake committed by the officer, he could not be penalised.

(3.) The first respondent filed return. It is admitted that the scheme was framed and the applications in the prescribed forms were invited from the interested agriculturists. Under the Scheme, the tubewell completed with pump set duly electrified were to be handed over to the agriculturists on subsidised rate. Under the Scheme, a provision was made for farmers to purchase tubewell on the outright sale or through Bank loan and the Department was to assist in getting the loan sanctioned. The loan was to be arranged by the Department through the Land Development Bank or any other Bank or by the Department itself. It is also admitted that the personal approaches were made to the farmers of the selected villages and the petitioner was also approached by the project staff for participation in the tubewell Scheme. The tube well was constructed in the petitioners field. The 2nd respondent has directed the petitioner to apply for loan from the State Bank of Bikaner and Jaipur. Branch Jetaran and the petitioner had applied in the prescribed form for the said loan. The application was found defective and no loan facility was made available to the petitioner. The electric motor was not installed nor fittings were made and as such, no connection was released because the formalities required to be completed by the petitioner for loan purposes, were not complied with by the petitioner. Later on, the petitioner was asked to purchase the tubewell at the existing price and it was also informed that after completing the required formalities of the loan of the Bank, necessary action will be taken by the Department to hand over the tubewell but since the petitioner and his father had failed to observe the loan formalities in State Bank of Bikaner & Jaipur, Jetaran, the tube well was not handed over. The petitioner was in habit of making one enquiry or another, which were absolutely irrelevant enquiries and do not pertain to the purchase of the tube well from the Department. As the petitioner had not completed the required formalities, which was asked by the Project Officer to be complied with immediately, the tubewell duly commissioned was not handed over to him. There was no fault on the part of the Department. The tubewell was not handed over to him. The petitioner is liable to pay the amount of Rs. 26,951.66 the tube well cost and Rs. 1875.00 the power connection fees and the interest on these amounts.