Dismissed¶¶43

Mahesh Kumar v. The State Of Bihar and Ors.

Patna HC12 Nov 2024CWJC/20543/2016

Case brief

AI extract

What is this about?

PMEGP loan release refused; KVIC guidelines; online applications mandatory from 01.04.2016, manual applications null and void; Central Bank of India Teghra Branch returned application on 11.03.2016 vide Letter No. 190 for insufficient place; Letter No. 318 dated 14.08.2015 forwarding; no pending application, no mandamus to release loan; liberty to file fresh application; writ petition dismissed as devoid of merits; Patna High Court CWJC No.20543 of 2016; G. Anupama Chakravarthy, J.; decided 12-11-2024.

What did the court decide?

Liberty to avail remedies by filing a fresh application before the concerned authorities; no other relief granted. ¶¶43

Mahesh Kumar Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to avail remedies by filing a fresh application before the concerned authorities; no other relief granted.

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Issue for consideration

Whether the respondents, particularly respondent No. 11 (Branch Manager, Central Bank of India, Teghra), should be directed to release the petitioner's PMEGP loan amount alleged to have been arbitrarily withheld. +1 more

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Ratio / Principle

The petitioner's application was returned by the Bank on 11.03.2016 and, manual applications having been disallowed by KVIC with effect from 01.04.2016, the application is no longer pending before the authorities, so no relief can be granted to the petitioner.

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Key takeaways

In the absence of any application pending before the respondent authorities, this Court cannot direct the authorities to process the application to release the loan amount.ratio¶¶39
The petitioner is at liberty to avail his remedies by filing a fresh application before the concerned authorities.ratio¶¶42

Detailed headnote1 paragraphs

PMEGP loan release — writ dismissed. The petitioner sought directions to the respondents, particularly respondent No. 11 (Branch Manager, Central Bank of India, Teghra, Begusarai), to immediately release his PMEGP loan allegedly arbitrarily withheld, and to fix responsibility for the hurdle in sanctioning. He applied under PMEGP (KVIC) before the District Industries Centre, Begusarai on 09.06.2015 for a wormy compost project, was interviewed by the Task Force Committee on 28.07.2015, and his application was forwarded to the Bank vide Letter No. 318 dated 14.08.2015. The Bank returned the application on 11.03.2016 vide Letter No. 190 for want of sufficient place; before the matter could go to the next District Task Force Committee, KVIC made online applications mandatory with effect from 01.04.2016, disallowing manual applications and declaring prior applications returned/rejected and null and void. Held (paras 8-11): nothing remains pending before the authorities; the Court cannot direct processing or release of the loan; the petitioner is at liberty to file a fresh application. Writ petition dismissed as devoid of merits. (G. Anupama Chakravarthy, J.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20543 of 2016

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======================================================

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Mahesh Kumar son of Bhola Sah, Resident of - Daniyalpur Main Road Teghra Bazar, Nagar Panchayat Ward No. - 6, P.S. - Teghra, District - Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Chief Secretary, Govt. of Bihar, Patna.

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The Director Industry, Khadi and Village Industries Commission, Bihar Patna

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The Assistant Director Industry, Khadi and Village Industries Commission, Bihar, Patna.

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The District Magistrate, Begusarai.

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The District Development Commissioner, Begusarai.

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The G.M., District Industry Centre, Begusarai.

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The General Manager, Central Bank of India, Chandramauli Nariman Point, Mumbai.

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The Zonal Manager, Central Bank of India, Maurya Lok Complex, Patna.

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The Regional Manager, Central Bank of India, Mauryalok Complex, Patna.

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The Branch Manager, Central Bank of India, Teghra, Begusarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kumar Praveen, Advocate For the Respondent/s : Mr. Ajay Kumar Sinha, Senior Advocate Mr. Ajit Kumar Sinha, Advocate Ms. Dilkash Khan, Advocate Ms. Minu Kumari, Advocate Mr. Kinkar Kumar, SC-9 For the State : Mr. Ashutosh Kumar Upadhyaya, Advocate ======================================================

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT

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Date : 12-11-2024

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The Writ petition is filed for issuance of Writ/ orders or directions to the respondent authorities to immediately release the loan amount in favour of the petitioner under Prime Minister’s Employment Generation

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Patna High Court CWJC No.20543 of 2016 dt.12-11-2024 2/6

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Programme (PMEGP) which was arbitrarily withheld by the respondent No. 11. Further, to fix the responsibility and accountability of the person who is responsible for creating hurdle in sanctioning the loan amount in favour of the petitioner.

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The brief facts culled out of the petitioner is that the petitioner applied for a loan under Prime Minister’s Employment Generation Programme (PMEGP) of KVIC in the prescribed format, along with all relevant documents before the District Industries Centre, Begusarai on 09.06.2015 for establishing a project of wormy compost. Thereafter, the shortlisted candidates were called for an interview on 28.07.2015 by the Task Force Committee, constituted for shortlisting and selecting the eligible candidates.

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The General Manager, District Industries Centre, Begusarai after being satisfied forwarded the application of the petitioner to the Branch Manager, Central Bank of India, Teghra, Begusarai with his recommendations for necessary action to release the loan

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Patna High Court CWJC No.20543 of 2016 dt.12-11-2024 3/6

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amount, in favour of the petitioner. It is contended by the petitioner that on several occasions, the petitioner approached the 11^th respondent to know about the developments of his loan application, but the 11^th respondent did not give proper reply, thereafter, the petitioner made an application under RTI in the year 201011 where some applications, whose loan proposed under PMEGP were considered in the said case. The District Magistrate, Begusarai vide Letter No. 501 dated 10.06.2010 had revalidated the said loan application for the next financial year and gave directions to all the Branch Managers, for payment of loan amount. As the petitioner loan amount was not sanctioned, he was constrained to file the present Writ petition directing the authorities to release the loan amount.

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The counter affidavit filed by respondent Nos. 5, to 7 disclose that the petitioner has applied for loan under Prime Minister’s Employment Generation Programme (PMEGP) of KVIC before the District Industries Centre, Begusarai, on 09.06.2015 for Micro Industry. Further,

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Patna High Court CWJC No.20543 of 2016 dt.12-11-2024 4/6

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respondent No. 7 forwarded the application of the petitioner to the District Level Task Force Committee and the petitioner was directed to appear for an interview on 28.07.2015. Thereafter, the application of the petitioner was forwarded to the Central Bank of India, Teghra, Branch vide Letter No. 318 dated 14.08.2015.

¶32

The counter affidavit further disclose that the application of the petitioner was returned by the Central Bank of India, Teghra, Branch on 11.03.2016 vide Letter No. 190 stating that the petitioner does not have sufficient place for the said project. Further, it disclose that according to the guidelines laid down by the KVIC, if an application is rejected by the Bank on realistic ground, providing with reasons, the same can be discussed in the next District Task Force for final decision. But before the next District Task Force Committee Meeting, the process flow of PMEGP application was changed by the KVIC. The agency made online applications mandatory and no manual applications were allowed with effect from 01.04.2016 and, hence, the

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Patna High Court CWJC No.20543 of 2016 dt.12-11-2024 5/6

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cause of rejection of the petitioner’s application was not put before the District Task Force Committee.

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In view of the new guidelines made by the KVIC the application is mandatory and no manual applications were allowed and all prior applications were returned or rejected and were declared as null and void.

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Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

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The record reveals that the application of the petitioner was returned by the Bank on 11.03.2016 itself. According to the guidelines laid down by KVIC, no Manual applications were allowed with effect from 01.04.2016. As of now, the application of the petitioner is not pending before the authorities so as to grant any relief to the petitioner.

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Admittedly, the prayer of the Writ petitioner is to direct the respondents to release the loan amount in favour of the petitioner which was withheld by respondent No. 11. In the absence of any application pending before the respondent authorities, this Court cannot direct the

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Patna High Court CWJC No.20543 of 2016 dt.12-11-2024 6/6

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authorities to process the application to release the loan

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amount.

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However, the petitioner is at liberty to avail his remedies by filing a fresh application, before the concerned authorities.

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In result, the Writ petition is dismissed as it is devoid of merits.

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(G. Anupama Chakravarthy, J)

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Manishkr/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date
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Parties & counsel

AI extract

petitioner
Mahesh Kumar son of Bhola Sah¶¶3
Mr. Kumar Praveen
respondent
The State of Bihar¶¶6
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9), Mr. Ashutosh Kumar Upadhyaya
respondent
The Chief Secretary, Govt. of Bihar, Patna¶¶7
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The Director Industry, Khadi and Village Industries Commission, Bihar Patna¶¶8
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The Assistant Director Industry, Khadi and Village Industries Commission, Bihar, Patna¶¶9
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The District Magistrate, Begusarai¶¶10
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The District Development Commissioner, Begusarai¶¶11
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The G.M., District Industry Centre, Begusarai¶¶12
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The General Manager, Central Bank of India, Chandramauli Nariman Point, Mumbai¶¶13
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The Zonal Manager, Central Bank of India, Maurya Lok Complex, Patna¶¶14
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The Regional Manager, Central Bank of India, Mauryalok Complex, Patna¶¶15
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)
respondent
The Branch Manager, Central Bank of India, Teghra, Begusarai¶¶16
Mr. Ajay Kumar Sinha (Sr.), Mr. Ajit Kumar Sinha, Ms. Dilkash Khan, Ms. Minu Kumari, Mr. Kinkar Kumar (SC-9)

Coram

AI extract

G. Anupama Chakravarthyauthor¶¶19

Mahesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mahesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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