Disposed¶32

Prafulla Senapati v. Govt.of India

Orissa HC6 Mar 2024WP(C)/22559/2010

Case brief

AI extract

What is this about?

Orissa High Court, W.P.(C) No. 22559 of 2010, decided 06.03.2024 by K.R. Mohapatra, J.: petition for waiver of a 2007 agricultural loan under Clause 4.1(a) of the Debt Waiver and Debt Relief Scheme, 2008 disposed of as infructuous because, per the Society-Opposite Party No.5's affidavit, all loans availed by the petitioner were repaid; no determination of rights under the Scheme. Useful for searches on debt waiver claims rendered infructuous by subsequent repayment; no precedent cited, no quantum awarded.

What did the court decide?

Since the loans availed by the petitioner stood repaid (per the affidavit of the Secretary of the Society-Opposite Party No.5 and submissions of counsel), nothing remained to be adjudicated in the writ petition and it had become infructuous. ¶25

Prafulla Senapati Vs Govt.of India — Orissa HC (2024) — LawSathi Research

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Mar-2024 17:04:00

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 22559 OF 2010

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Prafulla Senapati …. Petitioner

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Mr. Samir Kumar Mishra, Senior Advocate being assisted by Mr. J. Pradhan, Advocate

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-versus-

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Government of India and others

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…. Opp. Parties Mr. B.K. Padhi, CGC (For Opp. Party Nos.1)

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Mr. Debendra Kumar Mohanty, ASC (For Opp. Party Nos. 2 to 4) Mr. Saplin Roy, Advocate on behalf of Mr. B.K. Nayak, Advocate (For Opp. Party No. 5)

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CORAM: JUSTICE K.R. MOHAPATRA

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Order No.

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ORDER 06.03.2024

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1. This matter is taken up through hybrid mode.

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The Petitioner in this writ petition prays for a direction to waive the loan advanced in his favour in the year, 2007.

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Mr. Mishra, learned Senior Advocate submits that the Petitioner being a poor farmer was advanced with agricultural loan. But, due to certain difficulties, he could not repay the same. Subsequently, the Government of India floated a scheme, namely, Debt Waiver and Debt Relief Scheme, 2008. Clause No. 4.1(a) stipulates that the loan advanced in favour of the Petitioner may be waived in terms of the said Scheme. But, the case of the Petitioner for waiver of the loan amount was not considered favourably. Hence, this writ petition has been filed.

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Mr. Roy, learned counsel being authorized by Mr. Nayak, learned counsel for the Sutan SCS Ltd., Tarakora, Konark-

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Mar-2024 17:04:00

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Opposite Party No.5 submits that the agricultural loan was advanced in favour of the Petitioner through the Opposite Party No.5-Society in the year, 2007. Referring to the affidavit filed by the Secretary of the Society-Opposite Party No.5, he submits that the loan disbursed in favour of the Petitioner on 30^st March, 2007 was repaid on 25^th August, 2007. Subsequently, the Petitioner was also advanced agricultural loan on 31^st August, 2007 and repaid the same on 25^th January, 2008. The agricultural loan advanced in favour of the Petitioner on 31^st January, 2008 was also repaid on 2^nd November, 2012. Thus, nothing remains to be adjudicated in this writ petition. He also drew attention of this Court to Paragraphs-5 and 6 of the affidavit filed by the Secretary of the Society-Opposite Party No.5, which read as under:

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“5. That, this opposite party begs to state that in the instant case the loan disbursed in favour of the petitioner on 30.03.2007 was repaid by him on 25.08.2007. Therefore the petitioner’s claim for waiver of the loan having not covered under the provision contained under Clause 4.1(a)(i) of the 2008 scheme, the same was not extended in his favour.

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6. That, the petitioner after making repayment of the loan taken on 30.03.2007, on 25.08.2007 availed another loan on 31.08.2007 and repaid the same on 25.1.2008. The petitioner thereafter availed another loan on 31.01.2008 and made the repayment on 02.11.2012. The statement of account showing the availing and repayment of loan by the petitioner in the society of O.P. No.5 is annexed herewith as Annexure-A/5. ”

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In view of the above, the writ petition has become infructuous.

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Mr. Mishra, learned Senior Advocate appearing for the Petitioner, however, submits that he has no instruction in the

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Mar-2024 17:04:00

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matter. If the Petitioner has already repaid the loan, nothing remains to be adjudicated in this writ petition.

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