FELIX TAMBA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application by way of public interest litigation has been filed by a member of Scheduled Tribe for quashing the circular of the Govt. of Jharkhand as contained in letter No. 7/bhumi/ bandhak-Ranchi-8/7/2623ra, dated 30-7-2007 issued under the signature of respondent no. 2, Secretary, Revenue and Land reforms Department, Government of jharkhand, Ranchi whereby it has been notified that no person who is a member of scheduled Tribe community can obtain loan for construction of his house and for the purpose of education by mortgaging his land.

(2.) IN the writ petition, it is alleged that the authorities of the Government are acting totally against the interest of the Scheduled tribe community in general by issuing such notification/circular restraining all the banks in the entire State of Jharkhand from sanctioning loan to the members of Scheduled tribe community against the mortgage of their land for the purpose of construction of house and/or for the purpose of education.

(3.) PETITIONER's case is that such notification has been issued on the basis of opinion given by Mr. S. B. Gadodia, learned Advocate General, jharkhand in the light of the decision of Single Bench of this Court in the case of "mandu Prakhand Sahakari Grih nirman Sahyog Samiti Ltd. and Anr. v. State of Bihar" (2004) 1 JCR 402. Petitioner's further case is that as a result of the impugned circular of the Government, no person belonging to Tribal Community is entitled to take loan from any bank for educational purposes or for construction of his house against mortgage of his land.