- (1.) THE facts of the case are that the petitioner is stated to have availed loans of Rs.4,37,000/- in the aggregate for agricultural purpose mortgaging his khatedari land measuring 11 bighas 2 biswas from the respondent Bank State Bank of India, Agriculture Development Branch Bhusawar, District Bharatpur on 27-6-2006 and 31-8-2006.
(2.) AS per the say of the petitioner himself in the writ petition in respect of the agricultural loans availed by him in the mid of June, 2006, the total amount repaid by the petitioner towards discharge of his obligation to repay the said loan was a measly Rs.4,700/-. In these circumstances, the respondent Bank appears to have rightly recalled the whole of the outstanding amount and taken proceedings against the petitioner under Section 13 of the Rajasthan Agricultural Credit Operation (Removal of Difficulties) Act, 1974 (herein after "1974 Act') requiring the petitioner vide notices dated 10-3-2011, 15-6-2011 and 20-7-2011 to repay the whole of the outstanding loan amount along with interest informing him that in the event the outstandings towards principle and interest was not paid within fifteen days from the date of the notices proceedings for recovery of loan amount would be taken, inter alia by the attachment and sale of tractor purchased from the loan advanced, as also the mortgaged agricultural land of petitioner. Have heard learned counsel for the petitioner and perused the petition along with the annexures thereto. The amount borrowed from the bank has obviously to be repaid as per terms and conditions of the loan agreement. The petitioner's case instead is that the respondent Bank while computing the outstanding and due loan amount against the petitioner has not considered the provisions of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 (herein after "the 2008 Scheme') as allegedly applicable to small and marginal farmers such as the petitioner who availed agricultural loan for agricultural purposes. It has been submitted that under the 2008 Scheme small and marginal farmers are entitled to complete waiver of outstanding and due amount to the banks when such amounts were advanced for agricultural purposes. It is submitted that the notices issued against the petitioner for recovery of outstanding loan amount were contrary to the provisions of the 2008 Scheme and the representation to respondent Bank in this regard has been left unaddressed. In the above circumstances it has been prayed that notices 10-3-2011, 15-6-2011 and 20-7-2011 be quashed and set aside, and the respondent Bank be restrained from auctioning the mortgaged assets of the petitioner or seize the tractor for recovery of loan amount and further that the respondent Bank be directed to exempt the petitioner from his obligation to repay the loan amount with reference to the 2008 Scheme. From the facts on record admittedly the petitioner is a borrower of the respondent Bank which advanced a substantial amount Rs.4,37,000/- to him. It was the liability of the petitioner to repay the principle amount as also the interest thereon as agreed and must have been reflected in the loan sanction/ agreement. The amount advanced by the Bank is public money and it cannot be squandered on the mere asking of the borrower. A matter of loan by a Bank is a matter of contract, albeit as in the present case regulated by the the Rajasthan Agricultural Credit Operation (Removal of Difficulties) Act, 1974. Counsel for the petitioner has not been able to make out a case of any violation of any statutory provisions, and allegations of denial of natural justice stand negated by admission of various notices dated 10-3-2011, 15-6-2011, and 20-7-2011 received by the petitioner. As far as the right of petitioner to waiver the bank's right to recover its outstanding loan amount with reference to the provisions of 2008 scheme is concerned, I am of the view that in the first instance the petitioner should make a detailed representation to the respondent Bank seeking waiver of outstanding amount to which the petitioner has an alleged right under the 2008 Scheme. Even otherwise the material on record is inadequate for this court to determine the petitioner's right for waiver of the outstanding loan amount in the whole or part or at all. Consequently, I find no force in the writ petition and the same is dismissed.
(3.) HOWEVER, the petitioner is at liberty to approach the respondent Bank with a detailed representation stating out his purported entitlement to waiver of outstanding loan amount by the respondent bank with reference to the 2008 Scheme. In the event such a representation is filed by the petitioner to respondent Bank within a period of three weeks from the receipt of certified copy of this order, it is expected that the respondent Bank shall address and decide the representation by a reasoned and speaking order within four weeks thereafter. Stay application stands dismissed.;