HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE FIFTEENTH DAY OF DECEMBER, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WP. Nos: 20251, 25336, 26249 & 28243 OF 2008, AND 5250, 15577, 2851 & 28105 OF 2009 WP. NO. 20251 OF 2008:
Between:
1 Chilukuru Primary Agricultural Cooperative Society, Chilukuru Mandal, Nalgonda District, Rep. by its Agriculture President, Dodda Narayana Rao S/o. Appaiah, R/o.Chilukuru, Chilukuru Mandal, Nalgonda District.
2 Kanapuram Primary Agricultural Cooperative Society Kanapuram Chilukuru Mandal, Nalgonda District, Rep. by its Agriculture, President, Jonnalagadda Hanumaiah S/o. Sitharamaiah, R/o.Chilukuru, Chilukuru Mandal, Nalgonda District.
3 Kapugal Primary Agricultural Cooperative Society Kapugal Village, Kodad Mandal, Nalgonda District, Rep. by Agriculture President, Muthavarapu Koteswara Rao S/o. Viswanatham, R/o.Kapugal, Kodad Mandal, Nalgonda District.
4 Yerravaram Primary Agricultural Cooperative Society Yerravaram, Kodad Mandal, Nalgonda District, Rep. by Agriculture President, R/o.Yerravaram, Kodad Mandal, Nalgonda District.
5 Nadigudem Primary Agricultural Cooperative Society Nadigudem (V), Nadigudem Mandal, Nalgonda District, Agriculture, Rep. by its President, Debathine Suresh Prasad S/o.Venkateswar Rao, R/o.Nadigudem, Nadigudem Mandal, Nalgonda District.
6 Akupamula Primary Agricultural Cooperative Society Akupamula (V) Munagala Mandal, Nalgonda District, Rep. by its President, Valisetti Venkateswarlu, R/o.Akupamula, Munagala Mandal, Nalgonda District.
7 Munagala Primary Agricultural Cooperative Society Munagala (V) Munagala Mandal, Nalgonda District, Rep. by its President, Nallapati Srinivasa Rao S/o.Venkata Rama Narasaiah, R/o. Munagala, Nalgonda District.
8 Gondriyala Primary Agricultural Cooperative Society, Gondriyala Village, Kodad Mandal, Nalgonda District, Rep. by its President, Burra Narasimha Reddy R/o. Gondriyala, Kodad Mandal, Nalgonda District.
9 Bethole Primary Agricultural Cooperative Society, Chilukur Mandal, Nalgonda District, Rep. by its President, Vanaparthi Satya Narayana Rao R/o.Bethole, Chilukur Mandal, Nalgonda District.
10 Rellabally Primary Agricultural Cooperative Society, Relabally Village, Nadigudem Mandal, Nalgonda District, Rep. by its President, Vempati Venkateswara Rao, R/o.Tellabally, Nadigudem Mandal, Nalgonda District.
11 Ananthagiri Primary Agricultural Cooperative Society Ananthagiri, Kodad Mandal, Nalgonda District, Rep. by its President, Katram Bhaskar Reddy S/o.Krishna Reddy, R/o. Ananthagiri (V), Kodad Mandal, Nalgonda District.
12 Chimiryala Primary Agricultural Cooperative Society Chimiryala Village, Kodad Mandal, Nalgonda District, Rep. by its Gadde Narendra, R/o.Chimiryala (V), Kodad Mandal, Nalgonda District.
. Petitioners AND
1 The Union of India, rep. by its Secretary, Agriculture and Rural Development, New Delhi.
2 The State of Andhra Pradesh, rep. by its Prl. Secretary, Agriculture & Cooperation Department, Secretariat, Saifabad, Hyderabad.
3 The National Bank and Agriculture & Rural Development (NABARD) Rep. by its Chief General Manager, Having its Regional Office, at 1-1-61, RTC X Roads, Musheerabad, Hyderabad.
4 The Andhra Pradesh State Cooperative Bank Limited, (APCOB) Troop Bazar, Hyderabad, rep. by its General Manager.
5 The Nalgonda District Coop. Central Bank Ltd., Rep. by its General Manager, Nalgonda, Nalgonda District.
. Respondents Counsel for the Petitioners : SRI K.R.PRABHAKAR Counsel for the Respondents No. 1 : SRI B. NARAYANA REDDY, ASST. SOLICITOR GENERAL Counsel for the Respondent No.2 : GP FOR COOPERATION (TG) Counsel for the Respondent No. 3 : MS. UMA, SC Counsel for the Respondent No.4 : SRI A.H. RAMAKRISHNA RAO, SC Counsel for the Respondent No.5 : SRI T.AMARNATH GOUD, SC Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the orders of the 3rd Respondent- NABARD issued in Ref.No.NB/APRO/CPD/5118/A-10/2008-09, dt. 13.6.2008 and the consequential proceedings of the 4th Respondent APCOB in Ref:UB/Adv/Sectt/F.290, dt. 14.6.2008 denying the benefit of Debt Relief Scheme-2008 to the members of the petitioners, who are the farmers as illegal, unjust, arbitrary, discriminatory, thereby in violation of Article 14 and 21 of the Constitution of India apart from contrary to the policy of the 1st respondent Government and the guidelines thereof and consequentially set aside the same with a further direction to the respondents particularly Respondents 3 to 5 to grant benefits under Agriculture Debt Waiver and Debt Relief Scheme-2008 to the members of the petitioners, who obtained agricultural loans from the petitioners' Societies.
WP .NO:25336 of 2008 Between:
1 Chebrolu Primary Agricultural Cooperative Society, Golloprolu Mandal, East Godavari District, Rep. by its President, T. Manikyam.
2 Yendapalli Primary Agricultural Cooperative Society, U. Kothapalli Mandal, East Godavari District, Rep. by its President G. Raja Babu
3 Nagulapalli Primary Agricultural Cooperative Society, U. Kothapalli Mandal, East Godavari District, Rep. by its President A. Ramachandra Reddy.
4 Isukapalli Primary Agricultural Cooperative Society, U. Kothapalli Mandal, East Godavari District, Rep. by its President Ch.V.S.S.L.N. Raju
5 P. Rayavaram Primary Agricultural Cooperative Society, Pithapuram Mandal, East Godavari District, Rep. by its President M. Srinivasa Rao
6 Samalkot Primary Agricultural Cooperative Society, Samalkot Mandal, East Godavari District, Rep. by its President Y. Akkiraju
7 Peda Brahma Devam Primary Agricultural Cooperative Society, Samalkot Mandal, East Godavari District, Rep. by its President T. Srinivas
8 Unduru Primary Agricultural Cooperative Society, Samalkot Mandal, East Godavari District, Rep. by its President P. Sitharam Balaji Rao . Petitioners AND
1 The Union of India, Ministry of Agriculture, Rep. by its Secretary, New Delhi.
2 The State of Andhra Pradesh, Department of Agriculture & Cooperation, Secretariat, Saifabad, Hyderabad, Rep. by its Secretary.
3 The National Bank for Agriculture and Rural Development (NABARD), having its Regional Office at 1-1-61, RTC 'X' Roads, Musheerabad, Hyderabad, Rep. by its Chief General Manager.
4 The Andhra Pradesh State Cooperative Bank Limited (APCOB) Troop Bazar, Hyderabad, Rep. by its General Manager.
5 The East Godavari District Cooperative Central Bank Limited, Kakinada, East Godavari District, Rep. by its General Manager.
. Respondents Counsel for the Petitioners : SRI K.R.PRABHAKAR Counsel for the Respondents No. 1 : SRI B.NARAYAN REDDY, ASST. SOLICITOR GENERAL Counsel for the Respondent No.2 : GP FOR COOPERATION (TG) Counsel for the Respondent No. 3 : MS. UMA, SC Counsel for the Respondent No.4 : SRI A.H. RAMAKRISHHNA RAO, SC Counsel for the Respondent No.5 : SRI S.SRINIVAS REDDY, SC Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the order of the 3rd Respondent- NABARD issued in Ref. No. NB/APRO/CPD/5118/A-10/2008-2009 dt. 13-6- 2008 and the consequential proceedings of the 4th Respondent APCOB in Ref.UB/Adv/Sectt/F.290, dt. 14-6-2008 denying the benefit of Agriculture Debt Waiver and Debt Relief Scheme -2008 to the members of the petitioners, who are the small farmers as illegal, unjust, arbitrary, discriminatory, thereby in violation of Article 14 and 21 of the Constitution of India apart from contrary to the policy of the 1st Respondent Government and the guidelines thereof and consequentially set aside the same with a further direction to the respondents particularly Respondents 3 to 5 to grant benefits under the Agriculture Debt Waiver and Debt Relief Scheme -2008 to the members of the Petitioners, who obtained agricultural loans from the petitioner's Societies.
WP .NO: 26249 of 2008 Between:
1 The Chintalapadu Primary Agricultural Cooperative Society Chintalapadu, Chandarlapadu Mandal, Krishna District, Rep by its President, Kommuru Subbarao
2 The Palennaram Primary Agricultural Cooperative Society, Paleannaram, Chilukuru Mandal, Nalgonda District, Rep by its President, Desaboina Lakshmaiah
3 The Kandibanda Primary Agricultural Cooperative Society Kandibanda, Mellachervu Mandal, Nalgonda District, Rep by its President Posagondla Sathyanarayana Reddy
4 The Chandarlapadu Large Sized Co-operative Credit Society Ltd., Regd. No. G.803, Chandaralapadu, Chandaralapadu Mandal, Krishna District, Rep by its President, Mannnem Manga Tayaramma
5 The Kasarabadda Primary Agricultural Cooperative Society Ltd.
Regd. No. H 1104, Kasarabadda, Chandaralapadu Mandal, Krishna District, Rep by its President, Komati Apparao . Petitioners AND
1 The Union of India, Ministry of Agriculture, Rep by its Secretary, New Delhi.
2 The State of Andhra Pradesh, Department of Agricultural & Cooperation, Secretariat, Saifabad, Hyderabad, Rep by its Secretary
3 The National Bank for Agriculture and Rural Development (NABARD) having its Regional office, at 1-1-61, RTC'X' Roads, Musheerabad, Hyderabad, Rep by its General Manager
4 The Andhra Pradesh State Cooperative Bank Ltd. (APCOB), Troop Bazar, Hyderabad, Rep by its General Manager
5 The Nalgonda District Coop. Central Bank Ltd. Nalgonda, Nalgoda District, Rep by its General Manager
6 The Krishna District Coop. Central Bank Ltd. Machilipatnam, Krishna District, Rep by its General Manager.
. Respondents Counsel for the Petitioners : SRI K.R.PRABHAKAR Counsel for the Respondents No. 1 : SRI B.NARAYANA REDDY, ASST. SOLICITOR GENERAL Counsel for the Respondent No.2 : GP FOR COOPERATION (TG) Counsel for the Respondent No. 3: MS. UMA, SC Counsel for the Respondent No.4: SRI A.H. RAMAKRISHHNA RAO, SC Counsel for the Respondent No.5: SRI T. AMARNATH GOUD, SC Counsel for the Respondent No.6: SRI V. KISHORE Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the orders of the 3rd Respondent- NABARD issued in Ref.No. NB/APRO/CPD/5118/A-10/2008-09, Dt. 13-6-2008 and the consequential proceedings of the 4th respondent APCOB in Ref:UB/Adv/Sectt./F.290, dt.14-6-2008 denying the benefit of Agriculture Debt Waiver and Debt Relief Scheme-2008 to the members of the petitioners, who are the small farmers as illegal, unjust, arbitrary, discriminatory, thereby in the violation of Article 14 and 21 of the constitution of India apart from contrary to the policy of the 1st Respondent Government and the guidelines thereof and consequentially set aside the same with a further direction to the respondents particularly Respondents 3 to 6 to grant benefits under the Agriculture Debt Waiver and Debt Relief Scheme- 2008 to the members of the petitioners, who obtained Agricultural loans from the petitioners' Societies.
WP .NO:28243 of 2008 Between:
1 M.Koduru Primary Agricultural Cooperative Society Ltd., M.Koduru, Madugula Mandal, Visakhapatnam District, Rep. by its President, Gollavilli Sri Rama Murthy.
2 Kinthali Primary Agricultural Cooperative Society Ltd., Kinthali, Madugula Mandal, Visakhapatnam District, Rep. by its President, Mycherla Jaggarao.
3 Veeranarayanam Primary Agricultural Cooperative Society Ltd. Veeranarayanam, Madugula Mandal, Visakhapatnam District, Rep. By its President. Dadi Modhinaidu.
4 Madugula Primary Agricultural Cooperative Society Ltd. Madugula, Madugula Mandal, Visakhapatnam District, Rep. By its President. Dangeti Surya Rao
5 M.K. Vallapuram Primary Agricultural Cooperative Society Ltd.
M.K. Vallapuram Madugula Mandal, Visakhapatnam District, Rep. By its President. Endukuri Naga Raju
6 Sri Gowri Primary Agricultural Cooperative Society Ltd. Gavarapalem, Anakapalli Mandal, Visakhapatnam District, Rep. By its President. Villuri Ramu
7 Sri Ramalingeswara Primary Agricultural Cooperative Society Ltd., Bhandevapuram, Padmanabham Mandal, Visakhapatnam District, Rep. By its President. M.V.P. Srinivas
8 The Kotthakota Primary Agricultural Cooperative Society Ltd. Kotthakota, Ravikamatham Mandal, Visakhapatnam District, Rep. By its President. Uggina Narasaiah Naidu
9 The Thadipudi Largesized Cooperative Credit Society Ltd.
Tadipudi, Thallapudi Mandal, West Godavari District, Rep. By its President. K.Gani Raju.
. Petitioners AND
1 The Union of India, Ministry of Agriculture, Rep. by its Secretary, New Delhi.
2 The State of Andhra Pradesh, Department of Agriculture & Cooperation, Secretariat, Saifabad, Hyderabad, rep. by its Secretary.
3 The National Bank for Agriculture and Rural Development (NABARD) having its Regional Office at 1-1-61, RTC 'X' Roads, Musheerabad, Hyderabad, rep. by its Chief General Manager.
4 The Andhra Pradesh State Cooperative Bank Ltd. (APCOB), Troop Bazar, Hyderabad, rep. by its General Manager.
5 The Visakhapatnam District Cooperative Central Bank Ltd. Visakhapatnam, Visakhapatnam District, rep. by its General Manager.
6 The West Godavari District Cooperative Central Bank Ltd., Eluru, West Godavari District, rep. by its General Manager.
. Respondents Counsel for the Petitioners : SRI K.R.PRABHAKAR Counsel for the Respondents No. 1 : SRI B.NARAYANA REDDY, ASST. SOLICITOR GENERAL Counsel for the Respondent No.2 : GP FOR COOPERATION (AP) Counsel for the Respondent No. 3 : MS. UMA, SC Counsel for the Respondent No.4 : SRI A.H.RAMAKRISHNA RAO, SC Counsel for the Respondent No.6 : SMT. B.VIJAYA LAKSHMI Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the orders of the 3rd respondent- NABARD issued in Ref.No.NB/APRO/CPD/5118/A-10/2008-09, dt. 13.6.2008 and the consequential proceedings of the 4th Respondent APCOB in Ref:UB/Adv/Sectt/F.290, dt. 14.6.2008 denying the benefit of Agriculture Debt Waiver and Debt Relief Scheme-2008 to the members of the petitioners, who are the small farmers as illegal, unjust, arbitrary, discriminatory, thereby in violation of Article 14 and 21 of the Constitution of India apart from contrary to the policy of the 1st Respondent Government and the guidelines thereof and consequentially set aside the same with a further direction to the respondents particularly Respondents 3 to 6 to grant benefits under the Agriculture Debt Waiver and Debt Relief Scheme - 2008 to the members of the Petitioners, who obtained agricultural loans from the petitioners' Societies.
WP .NO:5250 of 2009 Between:
Sri Venkatarama Primary Agricultural Cooperative Society Ltd., No.M-288, Reddipally, Padmanabham Mandal, Visakhapatnam District, rep. by its Vice President Sri Majji nandishwara Rao, S/o. Guruvu Majji.
. Petitioner AND
1 The Union of India, Ministry of Agriculture, Rep. by its Secretary, New Delhi
2 The State of Andhra PRadesh, Department of Agriculture & Cooperation, Secretariat, Saifabad, Hyderabad, rep. by its Secretary
3 The National Bank for Agriculture and Rural Development (NABARD) having its Regional Office at 1-1-61, RTC X Roads, Musheerabad, Hyderabad, rep. by its Chief General Manager
4 The AP State Cooperative Bank Limited (APCOB) Troop Bazar, Hyderabad, rep. by its General Manager
5 The Visakhapatnam District Cooperative Central Bank Ltd, Visakhapatnam, Visakhaptnam District, rep. by its General Manager.
. Respondents Counsel for the Petitioner : SRI K.R. PRABHAKAR Counsel for the Respondents No. 1 : SRI B.NARAYANA REDDY, ASST. SOLICITOR GENERAL Counsel for the Respondent No.2 : GP FOR COOPERATION (AP) Counsel for the Respondent No. 3 : MS. UMA, SC Counsel for the Respondent No.4 : SRI A.H.RAMAKRISHNA RAO, SC Counsel for the Respondent No.5 : SMT. BOBBA VIJAYALAKSHMI Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the order of the 3rd respondent issued in Ref.No.NB/ APRO/CPD/5118/A-10/2008-09 dated 13.6.2008 and the consequential proceedings of the 4th respondent APCOB in Ref./UB/Adv/Sectt/F.290 dated 14.6.2008 denying the benefit of Agriculture Debt Waiver and Debt Relief Scheme-2008 to the members of the petitioner society who are the small farmers as illegal, unjust arbitrary, discriminatory thereby in violation of Article 14 and 21 of the Constitution of India apart from contrary to the policy of the 1st respondent Government and the guidelines thereof and consequentially set aside the same with a further direction to the Respondents particularly Respondents 3 to 5 to grant benefits under the Agriculture Debt Waiver and Debt Relief Scheme-2008 to the members of the petitioner society.
WP .NO: 15577 of 2009 Between:
1. The Mandrajupally Primary Agricultural Cooperative Society Ltd., No.1204 TE, Mandrajupalli, Nelakondapalli Mandal, Khammam District, rep. by its President Nelluri Venkateswarlu
2. The Narasimharao Palem Primary Agricultural Cooperative Society Ltd., No.KR 381, Narasimharaopalem, Chatri Mandal, Krishna District, rep. by its Vice President P.Venkat Reddy . Petitioners AND
1 The Union of India, Ministry of Agriculture, rep. by its Secretary, New Delhi
2 The State of Andhra Pradesh, Department of Agriculture & Cooperation , Secretariat, Saifabad, Hyderabad, rep. by its Secretary
3 The National Bank for Agriculture and Rural Development (NABARD), having its Regional office, at 1-1-61, RTC X EOsa, Musheerabad, Hyderabad, rep. by its Chief General Manager
4 The Andhra Pradesh State Cooperative Bank Limited (APCOB), Troop Bazar, Hyderabad, rep. by its General Manager
5 The Khammam District Coop.Central Bank Ltd., Khammam, Khammam District, rep. by its General Manager
6 The Krishna District Coop. Central Bank Ltd., Machilipatnam, Krishna District, rep. by its General Manager.
. Respondents Counsel for the Petitioners : SRI K.R.PRABHAKAR Counsel for the Respondent No.1 : SRI B.NARAYANA REDDY, ASST. SOLICITOR GENERAL Counsel for the Respondent No.2 : GP FOR COOPERATION, (AP) Counsel for the Respondent No.3 : MS. UMA, SC Counsel for the Respondent No. 4 : SRI A.H. RAMAKRISHNA RAO, SC Counsel for the Respondents No. 6 : SRI V. KISHORE Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the orders of the 3rd respondent - NABARD issued in Ref. No.NB/APRO/CPD/5118/A-10/2008-09 dated 13.6.2008 and the consequential proceedings of the 4th respondent APCOB in Ref.UB/Adv/Sectt/F.290 dated 14.6.2008 denying the benefit of Agriculture Debt Waiver and Debt Relief Scheme-2008 to the members of the petitioners who are the small farmers as illegal, unjust arbitrary, discriminatory thereby in violation of Article 14 and 21 of the Constitution of India apart from contrary to the policy of the 1st respondent Government and the guidelines thereof and consequentially set aside the same with a further direction to the respondents particularly Respondents 3 to 6 to grant benefits under the Agriculture Debt Waiver and Debt Relief Scheme-2008 to the members of the petitioners who obtained agricultural loans from the petitioners societies.
WP .NO: 2851 of 2009 Between:
1 Bhogapuram Primary Agricultural Cooperative Society Ltd., (No.B/1117), Bhogapuram, Chodavaram Mandal, Visakhapatnam District, rep. by its President, Doddi Apparao.
2 Sri Krishnananda Primary Agricultural Cooperative Society Ltd., (No.H-3256), Gurajada, Pamidimukkala Mandal, Krishna District, rep. by its Director, Arige Veera Prasad.
. Petitioners AND
1 The Union of India, Ministry of Agriculture, Rep by its Secretary, New Delhi.
2 The State of Andhra Pradesh, Department of Agriculture & Corporation, Secretariat, Saifabad, Hyderabad, Rep by its Secretary.
3 The National Bank for Agriculture & Rural Development (NABARD), Having its Regional Office, 1-1-61, RTC X roads, Musheerabad, Hyderabad.
Rep by its Chief General Manager.
4 The Andhra Pradesh State Cooperative Bank Limited, (APCOB), Troop Bazar, Hyderabad, Rep by its General Manager.
5 The Visakhapatnam District Co-operative Central Bank Ltd., Visakhapatnam, Visakhapatnam District, Rep by its General Manager.
6 The Krishna District Co-operative Central Bank Ltd., Machilipatnam, Krishna District, Rep by its General Manager.
. Respondents Counsel for the Petitioners : SRI K.R. PRABHAKAR Counsel for the Respondent No.1 : SRI B.NARAYANA REDDY, ASST. SOLICITOR GENERAL Counsel for the Respondent No.2 : GP FOR COOPERATION, (AP) Counsel for the Respondent No.3 : MS. UMA DEVI, SC Counsel for the Respondent No. 4 : SRI A.H. RAMAKRISHNA RAO, SC Counsel for the Respondents No.6 : SRI V. KISHORE Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the orders of the 3rd respondent issued in Ref.No.NB/APRO/CPD/5118/A-10/2008-09, dt. 13.06.2008 and the consequential proceedings of the 4th respndent APCOB in Ref.UB/Adv/Sectt/F.290 dated 14-6-2008 denying the benefit of Agriculture Debit Waiver and Debit Relief Scheme-2008 to the members of the petitioners, who are the small famers as illegal, unjust, arbitrary, discriminatory, thereby in violation of Article 14 and 21 of the Constitution of India apart from contrary to the Policy of the 1st respondent Government and the guidelines thereof and consequentially set aside the same with a further direction to the respondents particularly repondents 3 to 6 to grant benefits under Agriculture Debt Waiver and Debt Relief Scheme-2008 to the members of the petitioners.
WP .NO: 28105 of 2009 Between:
1 Gorre Rajaiah, S/o. ILaiah
2 Manda Raghupathi S/o. Rajaiah
3 Gajjetla Peddanna S/o. Durgaiah
4 Cheruku Rajaiah S/o. Ilaiah
5 Gundapu Shankaraiah S/o. Lingaiah
6 Gundapu Rajamouli S/o. Raja Mallu
7 Desabattula Rajaiah S/o. Antaiah
8 Golla Rajaiah S/o. Raja Mallu
9 Golla Komaramma w/o. Rajaiah
10 Kottakonda Uma Devi W/o. Kumara Swamy
11 Nutenki Rajamallu S/o. Bala Komaraiah
12 Burra Nagaiah S/o. Yellaiah
13 Manda Rajayalaxmi W/o. Raghupathi
14 Kodur Rajaiah S/o. Mallesham
15 Balasani Srinivas S/o. Gouraiah
16 Kanneboina Sammaiah S/o. Pochalu
17 Borra Sagunamma W/o. Rajaiah
18 Gudikandula Rajaiah S/o. Mallaiah
19 Eggadi Tirupathi S/o. Komuraiah
20 Eggadi Komuraiah (Died) L.R. Eggadi Raju.
. Petitioners AND
1 The Union of India, Rep. by its Secretary, Ministry of Agriculture & Cooperation, Central Secretariat, New Delhi.
2 The State of Andhra Pradesh Rep. by its Prl. Secretary, Agriculture and Cooperative Department, Secretariat, Hyderabad
3 National Bank for Agriculture & Rural Development (NABARD) Through its Regional Office at Musheerabad, Hyderabad, Rep. by its Regional Manager.
4 The A.P. Cooperative Central Bank Ltd., Bank Street Koti, Hyderabad, Rep. by Chief Executive Officer.
5 The District Cooperative Central Bank Ltd. Karimnagar, Karimnagar District, Rep. by its Chief Executive Officer.
6 The Primary Agricultural Cooperative Society, Kamalapur, Kamalapur Mandal, Karimnagar District, Rep. by its Chief Executive Officer.
. Respondents Counsel for the Petitioners : SRI K.R.PRABHAKAR Counsel for the Respondent No.1 : SRI B. NARAYANA REDDY, ASST. SOLICITOR GENERAL Counsel for the Respondent No.2 : GP FOR COOPERATION (AP) Counsel for the Respondent Nos.5 & 6 : SRI SRINIVAS POLAVARAPU Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in issuing demand notices dt. Nil, served on 10-12-2009 demanding the petitioners to pay the agricultural loan amounts under notices, burdened with excessive penal interest, at once by 31-12-2009 under threat of attachment of their moveable and immovable properties as illegal, unjust, arbitrary and violative of Articles, 14, 19 (1)(g) 21 and 300-A of the Constitution of India and contrary to G.O.Ms.No.20, Revenue (DM.II) Department dt. 9-9-2009 and the consequential Karimnagar District Gazette No.46 dated 15-9-2009 and consequently set-aside the same while directing the respondents not to insist the petitioners for repayment of the demanded amounts under impugned notices at once by 31-12-2009 with a further direction to the respondents to formulate a scheme for repayment of demanded amounts under the notices in easy installments without imposing any further interest.
These petitions coming on for hearing, upon perusing the Petitions and the affidavits filed therein and upon hearing the arguments of the above mentioned counsels, the Court made the following ORDER:
The entire controversy in these writ petitions can be resolved if only information is furnished by APCOB, which is the apex body at the State level, and NABARD, which is the nodal agency with respect to regional rural banks and cooperative credit institutions as notified by the Government of India in their scheme i.e., Agricultural Debt Waiver and Debt Relief Scheme, 2008. The respective roles have been assigned to the apex body as well as to the nodal agency.
The argument of APCOB i.e., State Apex Body is that it is only the forwarding agency to NABARD, which would ultimately determine the eligibility criteria. However, I am unable to accept the said argument, as it is the PACSs, which are required to set out the particulars in the prescribed form about each individual eligible farmer specifying the loan amount, the waiver which they are otherwise entitled to, their respective debts and their respective category of loans. The PACSs are further required to scrutinise the applications, so received, certify the same as eligible or ineligible and forward them to the DCCBs which, in turn, are required to scrutinise the same and forward the same to the Apex body, which would ultimately make over the lumpsum amount, as may be received from the NABARD, and the DCCBs would in turn make over to PACSs. The entire process may only involve making book adjustments between APCOB, DCCB & PACS but the loan waiver scheme gets implemented in favour of the farmers. In the entire loan waiver scheme APCOB & NABARD play important roles intheir respective spheres. APCOB is the Apex body in the State which is also the financing body for DCCBs. The norms for sanctioning of the loans are required to be notified by the APCOB from time to time and in fact it has been doing so. Year on year norms are not uniform but varied based on guidelines issued by Reserve Bank of India from time to time.
In these circumstances, the General Manager (Loans and Advances), APCOB shall file an affidavit before this Court setting out the particulars of Districtwise applications received from the respective PACSs, the amounts claimed, the loans processed and the amounts disbursed, if any. He shall also specifically mention the names of the PACSs in whose cases the applications have been rejected or returned for re-submission setting out the deficiencies to be rectified. The cases of the writ petitions pending before this Court shall be dealt specifically meeting all the points raised in the affidavit. It is needless to mention that supporting documents are also to be filed. These particulars shall be furnished by the next date of hearing.
At request of the learned counsel for the petitioner, the matter is posted to 30.12.2015.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1 The General Manager (Loans and Advances), APCOB, Hyderabad. (By Spl. Messenger)
2 The Secretary, Ministry of Agriculture, Union of India, New Delhi.
3 The Principal Secretary, Agriculture & Cooperation Department, State of Andhra Pradesh, Secretariat, Saifabad, Hyderabad.
4 The Chief General Manager, National Bank and Agriculture & Rural Development (NABARD), Having its Regional Office, at 1-1-61, RTC X Roads, Musheerabad, Hyderabad.
5 The General Manager, Andhra Pradesh State Cooperative Bank Limited, (APCOB) Troop Bazar, Hyderabad.
6 The General Manager, Nalgonda District Coop. Central Bank Ltd., Nalgonda, Nalgonda District.
7 The Secretary, Department of Agriculture & Cooperation, State of Andhra Pradesh, Secretariat, Saifabad, Hyderabad.
8 The General Manager, East Godavari District Cooperative Central Bank Limited, Kakinada, East Godavari District.
9 The General Manager, Krishna District Coop. Central Bank Ltd. Machilipatnam, Krishna District.
10 The General Manager, Visakhapatnam District Cooperative Central Bank Ltd. Visakhapatnam, Visakhapatnam District.
11 The General Manager, West Godavari District Cooperative Central Bank Ltd., Eluru, West Godavari District.
12 The General Manager, Khammam District Coop.Central Bank Ltd., Khammam, Khammam District.
13 The Regional Manager, National Bank for Agriculture & Rural Development (NABARD) Through its Regional Office at Musheerabad, Hyderabad.
14 The Chief Executive Officer, A.P. Cooperative Central Bank Ltd., Bank Street Koti, Hyderabad.
15 The Chief Executive Officer, District Cooperative Central Bank Ltd. Karimnagar, Karimnagar District.
16 The Chief Executive Officer, Primary Agricultural Cooperative Society, Kamalapur, Kamalapur Mandal, Karimnagar District.
17 Two CCs to GP for Co-operation (TG), High Court Buildings, Hyderabad (OUT)
18 Two CCs to GP for Co-operation (AP), High Court Buildings, Hyderabad (OUT)
19 One CC to Sri B.Narayana Reddy, Asst. Solicitor General, High Court Buildings, Hyderabad (OUT)
20 One CC to Sri K.R. Prabhakar, Advocate (OPUC)
21 One Spare Copy nnr HIGH COURT CKR,J DATED: 15-12-2015 NOTE: Post on 30-12-2015 ORDER WP. Nos: 20251, 25336, 26249 & 28243 OF 2008, AND 5250, 15577, 2851 & 28105 OF 2009 DIRECTION HIGH COURT Nnr Date of Drafting : 19-12-2015 CKR,J DATED: 15-12-2015 NOTE: Post on 30-12-2015 ORDER WP. Nos: 20251, 25336, 26249 & 28243 OF 2008, AND 5250, 15577, 2851 & 28105 OF 2009 DIRECTION