In a writ petition challenging the rejection of eligibility for the Debt Waiver Scheme 2017, the court found the petitioner's agricultural deposits exceeded the outstanding loan amount under the notified criteria. The court held the bank's decision justified, dismissed the petition on merits, and found no infirmity in the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- WRIT - C No. - 36679 of 2018
Petitioner :- Bhanu Pratap Respondent :- State Of U P And 03 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- C.S.C.,Ashish Agrawal
Hon'ble Mrs. Sunita Agarwal,J.
Sri Ashish Agarwal learned counsel appearing for the respondentbank upon instructions submits before the Court that the petitioner was not found eligible under the Debt Waiver Scheme' 2017 as notified on 24.05.2017. As per clause 3 of the notification dated 24.05.2017, the criteria for giving benefit of the scheme was that the total amount of all the repayment/credits made by the farmers in his/her crop loan account during the financial year 2016-17 i.e. the sum of all credits made between 1st April, 2016 to 31st March 2017 shall be less than the crop loan outstanding amount as on 31.03.2016. The reason being that the sum of all credits made between the aforesaid period has to be subtracted from the crop loan outstanding amount as on 31.03.2016 and only the remaining amount would be eligible for redemption upto the maximum of Rs.one lac.
Learned counsel for the respondent-bank has demonstrated that the total deposits made by the petitioner in his crop loan account for the period from 01.04.2016 to 31.03.2017 was higher than the outstanding amount of loan as on 31.03.2016, as a result of it, as per clause 3 of the circular dated 24.05.2017, the petitioner has not been found eligible for the benefit of the Loan Waiver Scheme' 2017.
This fact situation is demonstrated from page no.'24' of the paper book, which is the statement of account of the petitioner for the aforesaid period.
Learned counsel for the petitioner has not been able to contradict the same. Having perused the notification dated 24.05.2017 and the statement of account as on record, this Court is of the considered view that the decision of the bank that the petitioner is not eligible for the benefit of Debt Waiver Scheme' 2017, is justified.
No infirmity is required in the order impugned.
The present petition is found devoid of merits and hence dismissed .
Order Date :- 19.11.2018 Himanshu
1 issue framed by the court
Whether the petitioner is eligible for the benefit of the Debt Waiver Scheme 2017 based on the criteria in clause 3 of the notification dated 24.05.2017.
2 provisions across 1 enactments
Bhanu Pratap
State Of U P
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
