IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.5340-5341/2016 (GM-RES) BETWEEN:
1. M.Saroj Kumari Jain, W/o. Late M.Mohan Jain, Aged about 50 years, C/o. Mohan Saree Sangam, M.G.Road, Chickmangalur-577 101.
2. Manoj Kumar Jain, S/o. Late Mangilal Jain, Aged about 40 years, C/o. Mohan Saree Sangam, M.G.Road, Chickmangalur-577 101. …Petitioners (By Sri.Gowrishankar C., Adv.,) AND:
1. Fedral Bank, Thogarihankal Circle, Chickmangalur District, Karnataka State, Having its regional Office At No.123/107, 2nd Main Road, 27th Cross, 7th Block, Jayanagar, Bengaluru-560 011.
2. The Managing Director & Chief Executive Officer, Fedral Bank of India Limited, Head office and Corporate Office, PB No.103-Fedral Towers, Aluva-683 101, Ernakulam District, Kerala State.
3. Asset Reconstruction Co. (India) Ltd., Having registered office at No.29, “The Ruby”, 10th Floor, Senapati Bapat Marg, Dadar, West Mumbai-400 028.
Having its office at Unit No.305, 3rd Floor, Kedia Arcade No.92, Infantry Road, Bengaluru-560 001.
4. Reserve Bank of India, Represented by its Secretary, Office of the Banking Ombudsman, No.10/3/8, Nrupathunga Road, Bengaluru-560 001.
5. Union of India, Represented by its Finance Secretary, Room No.129-A, NB, Bunglow No.17, New Moti Bagh, New Delhi-110 023. … Respondents (By Sri.Vijaykumar V., Adv. for R1 & 2; Sri.Francis Xavier, Adv. for R3; Sri.C.Shashikanth, ASG. for R5, R4 served and unrepresented) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the Annex-V dated 1.12.2011 issued by R3;
direct the respondents to return back the title deds of the petitioners property etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri Gowrishankar C., learned counsel for the petitioners.
Sri Vijaykumar V., learned counsel for respondent Nos.1 and 2.
Sri Francis Xavier, learned counsel for respondent No.3.
Sri C. Shashikanth, learned Assistant Solicitor General of India for respondent No.5.
The petitions are admitted for hearing. With the consent of the parties, it is heard finally.
2. In these petitions, the petitioners inter alia are seeking a writ of Certiorari by quashment of the order dated 01.12.2011, issued by respondent No.3 and a writ of Mandamus directing the respondents to return the title deeds in respect of the property of the petitioners.
3. The facts giving raise to file these petitions briefly stated are that, the petitioners have availed an agricultural loans for a tune of Rs.42,32,350/- and Rs.3,50,000/-. The aforesaid loan was availed by the petitioners for the purpose of development of agricultural land which was mortgaged with respondent No.1 – Bank. It is the case of the petitioners that on account of the drought coupled with labour problem, the petitioners were unable to get yields from the land and to pay the loans. However, a sum of Rs.1,70,000/- was deposited towards loan account No.1 on 03.01.2001. On 31.12.2007, balance of loan amount due and payable to the bank was shown as Rs.59,97,059/-.
4. The Government of India introduced a scheme called as ‘Agricultural Debt Waiver and Debt Relief Scheme – 2008’. The petitioners got the debt relief of 25% of the loan amount and deposited the remaining amount of Rs.37,64,175/- and Rs.3,31,000/- respectively, in the loan account of the petitioners. It is the case of the petitioners that despite payment of full amount, title deeds in respect of the land of the petitioners were not returned to them. In the aforesaid facts and background, the petitioners have approached this Court.
5. Learned counsel for the petitioners submitted that the Agriculture Debt Waiver and Debt Relief Scheme, 2008, was introduced in the year 2008 and the Grievance Redressal Officer have to adjudicate the grievance arising out of the scheme by a speaking order. In this connection, learned counsel for the petitioners invited the attention of this Court to the communication dated 17.08.2009, sent by Reserve Bank of India to the Chief Executive Officer of the Primary (Urban) Co- operative Bank. It is further submitted that the writ petitions be disposed of with a direction to the Grievance Redressal Officer under the said Scheme to consider and decide the representation submitted by the petitioners by a speaking order.
6. Learned Counsel for the respondents have not opposed the aforesaid prayers.
7. I have considered the submissions made by learned counsel for the parties and perused the records.
8. In view of the aforesaid submissions and in view of the facts of the case, the writ petitions are disposed of with a direction to the Grievance Redressal Officer under the Scheme framed by the Central Government to consider and decide the representation submitted by the petitioners and pass a speaking order, within a period of six weeks from the date of receipt of the certified copy of the order passed today.
9. Accordingly, the writ petitions are disposed of.
Sd/- JUDGE nvj