THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.165 of 2014
DATED:14.07.2014 Between:
Sri Adusumilli Jayaprakash, Vijayawada.
And The Union of India, Represented by its Secretary, Ministry of Finance (Banking Division), New Delhi and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.165 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This Public Interest Litigation has been filed contending that “the waiver of the agricultural loans availed from the banks is ultra vires the State Governments and is illegal, irrational, arbitrary, injurious to economy and violative of Articles 14, 293 of the Constitution of India and accordingly restrain the respondent Nos. 4 and 5 Governments from spending or utilizing public funds of the respective States for such loan waiver and also direct respondents Nos. 1 to 3 not to permit any such loan waiver and pass such other order or orders”.
Looking at the prayer, we thought that a decision has been taken to waive the loan by the Government and, that was granted by the banks. While checking up the records, we found that the Government of Andhra Pradesh has passed an order dated 10.6.2014 expressing the desire to waive the agricultural crop loans given to the farmers, women Self Help Groups and handloom and power loom weavers. To examine in detail the implications and to suggest the modalities and methodology of implementation of this Scheme, an expert Committee has been constituted. The said Committee has to go into the following aspects:
1. To formulate an appropriate proposal to implement the crop loan waiver and waiver of loans to women’s Self Help Groups (SHG).
2. To examine and quantify gold loans taken for cropping purpose by women.
3. To work out the methodology to implement the proposed scheme with adequate checks and balances to ensure that the benefit goes to all the deserving farmers and SHG Groups.
4. To suggest ways and means to ensure that the resource outflow from Government augments agricultural activity in the State and ameliorates the condition of financially distressed farmers.
5. To explore and recommend ways and means to raise the required resources for implementation of the above proposal.
6. To recommend a systematic framework for effective implementation of the proposed scheme transparently with built in accountability.
7. To study the interest subvention scheme by Government of India and explore the possibility of utilizing the scheme benefits optimally for the proposed scheme.
8. To interact whenever necessary with any State Government Department, Banks, Reserve Bank of India, Government of India etc., on behalf of the State Government.
9. To examine and suggest recommendations for issues incidental thereto.
Argument was advanced in this petition as if the decision has been taken already by the State Government for waiver of the loans. We think it is premature stage to entertain the petition, for, no final decision has been taken for waiver of the loans. As such, this Public interest Litigation is dismissed on that ground alone.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 14th July, 2014 pnb