Disposed

Anwar Chand Jamadar v. Union of India, through Ministry of Finance and Ors.

Bombay HC10 Aug 2012WP/5871/2012

Case brief

AI extract

What is this about?

This Court disposed of a writ petition concerning proposed coercive action against the petitioner regarding benefits under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. Directions were issued to the Grievance Redressal Officer/Committee to consider the petitioners representation within four weeks, and no coercive action was allowed during this period.

What did the court decide?

Petitioner granted liberty to file representation; Respondent No. 3 restrained from coercive action; Grievance Redressal Officer/Committee directed to decide within four weeks.

Anwar Chand Jamadar Vs Union of India, through… — Service and Employment | Bombay HC (2012)

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WP 587112.doc

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RMA

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 5871 OF 2012

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Anwar Chand Jamadar .. Petitioner

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Union of India & Ors. .. Respondents

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Mr. D.V. Sutar for the Petitioner

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Ms. S.V. Bharucha with Y.S. Bhate for Respondent No. 1

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S.P. Bharati for Respondent No. 2

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Mr. S.R. Ganbavale for Respondent No. 3

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CORAM : D. D. SINHA &

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SMT. V.K. TAHILRAMANI, JJ

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DATE : 10th AUGUST, 2012.

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P.C.:

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1. Heard the learned counsel for the respective parties.

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2. The grievance of the Petitioner is in respect of the action proposed against the Petitioner in view of the Circular dated 31.03.2012. The issue pertains to benefits extended to the Petitioner under Agricultural Debt Waiver and Debt Relief Scheme, 2008 evolved by the Central Government.

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3. At the outset, it is brought to the notice of this Court that

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WP 587112.doc

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Clause 10.2 of the Scheme requires every leading institution shall appoint one or more Grievance Redressal Officers for each State. The Grievance Redressal Officer / Committee shall have authority to receive representation from the aggrieved farmers and pass appropriate orders thereon. The order passed by the Grievance Redressal Officer / Committee shall be final. It is, in these circumstances, we dispose of the Petition with liberty to the Petitioner to make a representation to the Grievance Redressal Officer / Committee within a period of two weeks from today. If such representation is made, we direct the Grievance Redressal Officer / Committee to consider the same in accordance with law and the procedure applicable in this regard within a period of four weeks from the date of receipt thereof.

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4. Learned counsel for the Petitioner at this stage has prayed that till the representation of the Petitioner is decided, Respondent No. 3 may be asked not to take coercive action. In the interest of justice, we expect Respondent No. 3 not to take coercive action till such time, the representation is decided finally by the Grievance Redressal Officer / Committee as per the direction of this Court.

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[ SMT. V.K. TAHILRAMANI, J ]

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[ D. D. SINHA, J ]z

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Anwar Chand Jamadar v. Union of India, through Ministry of Finance and Ors.

Case brief

What is this about?

What did the court decide?

Anwar Chand Jamadar v. Union of India, through Ministry of Finance and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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