IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION Nos.54879-54883 OF 2013 (GM-RES) BETWEEN 1. Byranna S/o Late Boraiah Aged about 55 years Marati Palya, Kunikenahalli Post Turuvekere Taluk Tumkur District – 572 201.
2. Siddalingaiah S/o. Late Rangappa Aged about 58 years R/at N.Hosahalli, Gubbi Taluk Tumkur District – 572 201.
3. S.G. Mahesh S/o. Gurulingaiappa Aged about 60 years R/at Hulikatte Village Choudalapura, Shivanahalli Hobli Tiptur Taluk, Tumkur District – 572 201.
4. Dhanapalaiah S/o. Late Chinappa Aged about 50 years R/at Lakkihalli, Kasaba Hobli Tiptur Taluk, Tumkur District – 572 201.
5. Shivanna Aged about 60 years R/at Kanchinagatta Village Tiptur Taluk, Tumkur District – 572 201.
... Petitioners (By Ms. Nafeesa Baig, Advocate) AND 1. State of Karnataka Rep., by its Principal Secretary Department of Agriculture M.S. Building, Bangalore – 560 001.
2. Deputy Commissioner Tumkur District Tumkur – 572 201.
3. Manager State Bank of Mysore Turuvekere Branch Turuvekere Taluk Tumkur District – 572 201. Rep. by its Branch Manager 4. State Bank of India Tumkur Branch Tumkur District – 572 201. Rep. by its Branch Manager 5. Manager ICICI Bank Tumkuru Branch Tumkur District – 572 201.
6. Manager Karnataka Bank Tumkur Branch Tumkur District – 572 201. …Respondents (Smt. Niloufer Akbar, AGA for R1 and R2, Sri Manjunatha B.R. Adv.for Sri G.N. Sathyamurthy, Advocate for R4 Ms. Sreedevi K.B. Adv. for Sri Jai M. Patil, Adv. for R5 Sri K.V. Shyam Prasad, Adv for R6 R3 is served but unrepresented) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of mandamus commanding the 2nd respondent to initiate appropriate action ensuring implementation of the Loan waiver Scheme introduced by the Central Government vide Ann-B by considering the representation of the petitioner vide Annexure-A by taking further steps to ensure compliance of the loan waivers scheme by issuing appropriate administrative directions by the respondent Nos.3 to 6 and etc.
These writ petitions coming on for Preliminary hearing in ‘B’ Group this day, the court made the following:
O R D E R The petitioners are seeking a writ of mandamus directing the Deputy Commissioner – respondent No.2 to consider the representations at Annexure-A for ensuring implementation of the “Loan Waiver Scheme”
introduced by the Central Government issued vide Annexure-B.
2. The petitioners are small scale farmers of Tumakuru District. The father of petitioner No.1 and other petitioners herein have purchased the tractor and trailer for the purpose of agricultural operation by borrowing loan from the respondent Banks. Due to various natural calamities and failure of crops, the farmers failed to pay their installments as agreed by them and consequently declared as NPA. It is further case of the petitioners that the Central Government, as a part of its Budget Plan for the year 2008-2009, has introduced “Agricultural Loan Waivers Scheme 2008” as per Annexure-B. Since the petitioners are small farmers, they are entitled for waivers of loan under the “Agricultural Loan Waivers Scheme 2008”.
3. Therefore, the petitioners have filed their representations before the Deputy Commissioner vide Annexure-A to consider their case under Annexure-B - “Agricultural Loan Waivers Scheme 2008”. So far respondent No.2 has not considered the same. Being aggrieved by the same, the petitioners are before this Court.
4. Be that as it may. Without expressing any opinion of the merits, learned counsel for the petitioners is permitted to file additional representation along with relevant documents to the Deputy Commissioner. The Deputy Commissioner is directed to consider the same in accordance with law. Additional representation may be furnished to the Deputy Commissioner within four weeks from the date of receipt of a copy of this order. Deputy Commissioner is directed to consider the representation vide Annexure-A and additional representation, if any, submitted by the petitioners, within three months from the date of the receipt of copy of this order.
5. Interim order granted by this Court dated 04.12.2013 will enure to the benefit of the petitioners till representation is disposed of by the Deputy Commissioner.
With the above said observations, writ petitions are disposed of.
Sd/- JUDGE nms