This single-paragraph order dismisses a writ petition seeking debt waiver benefits. The Court rejected the petitioner's claim of insufficient land for the scheme, noting joint loan ownership cannot be dissected.
Writ petition dismissed; petitioner not entitled to Debt Waiver Scheme benefits.
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Court No. - 36
Case :- WRIT - C No. - 32717 of 2018
Petitioner :- Ram Das Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Badan Maurya,Rajesh Kumar Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Mrs. Sunita Agarwal,J.
Shri Sanjai Singh, learned Advocate has put in appearance on behalf of respondent-bank.
In the instructions supplied today, it is categorically stated that the petitioner and his father both had jointly taken loan from the Punjab National Bank and at that point of time they had mortgaged 2.374 Hectares of land. The contention of the petitioner, therefore, that the land in his ownership is less than 2.0 Hectares and, therefore, he is entitled for the benefit of Debt Waiver Scheme, is misconceived.
There is no denial with regard to the total area of land owned jointly owned by the two loanees. Since it was a joint loan, it cannot be dissected. The father of the petitioner has died and, therefore, the petitioner became the sole loanee and is liable to repay the debt.
For the aforesaid, no merit is found in the writ petition. The challenge made to the order impugned is devoid of force.
The present petition is, accordingly, dismissed.
Order Date :- 12.11.2018 Jyotsana
2 issues framed by the court
Whether the petitioner is entitled to the benefit of the Debt Waiver Scheme given the joint land ownership.
Whether the impugned order in the Debt Waiver Scheme case has merit.
Ram Das
State Of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
