Thyagaraj v. State of Karnataka rep. by its Principal Secretary Department of Agriculture
2013-07-31
A.S.BOPANNA
body2013
DigiLaw.ai
Judgment : 1. The petitioners are before this Court seeking for issue of mandamus to the second respondent to initiate appropriate action ensuring implementation of the Loan Waiver Scheme introduced by the Central Government vide Annexure-B. In that regard, the petitioner seeks consideration of their representation dated 22.03.2011 as at Annexure-A to the petition. 2. The petitioners contend that they are small and marginal farmers of different Taluks of Tumkur District. They have purchased tractors and trailers on obtaining loan from respondents No.3 to 11 Banks. The transactions entered into between the petitioners and the respective Banks need not be adverted to in detail inasmuch as the petitioners in the present petitions are only seeking consideration of their representations in terms of the scheme which is said to have been floated by the Central Government. In that regard, the representation as made by the petitioners is produced as Annexure-A to the petitions. 3. A perusal of Annexure-B would indicate that the Loan Waiver Scheme is a scheme floated by the Central Government. It is to be taken into consideration by the State Government with regard to the implementation of the same. Hence insofar as the representation which is made and produced at Annexure-A, the respondents No.1 and 2 would have to consider the said representation keeping in view the scheme and to arrive at a conclusion as to whether the petitioners would be entitled to any benefits at their hands or any directions are to be issued by respondents No.1 and 2. This aspect of the matter in any event would have to be looked into by respondents No.1 and 2 while considering the representation of the petitioners. 4. Insofar as the transaction entered into between the petitioners and respondents No.3 to 11 herein, it is no doubt true that in the main relief sought in the petitions, there is no specific directions sought against the respondents. However, the very manner in which the petitioners have relied upon the Loan Waiver Scheme and the consideration of the representation which has been sought would indicate that the petitioners are seeking for certain benefits and relaxation from respondents No.3 to 11.
However, the very manner in which the petitioners have relied upon the Loan Waiver Scheme and the consideration of the representation which has been sought would indicate that the petitioners are seeking for certain benefits and relaxation from respondents No.3 to 11. It is in that circumstance, since the respondents No.3 to 11 have financed the purchase of tractors and trailers by the petitioners, the petitioners are also making out a grievance with regard to the seizure of the tractor and trailer which would adversely affect their farming activities and such other avocation. 5. One of the respondents viz., respondent No.11 no doubt has filed a detailed objections statement justifying their action to contend that the transaction between the banks and the petitioners are independent transactions by which the loans have been advanced on hypothecation of the vehicles and therefore, they have a right to be exercised under the said agreement. Therefore, the petitioners cannot make out a grievance is their contention. The fact that the transactions with the banks are independent cannot be in doubt. However, the petitioners are entitled for claiming benefits of the Loan Waiver Scheme as granted by the Government if applicable to the case of petitioners, which in any event is a matter that would have to be looked into by them to be reimbursed to the Banks so as not to affect the interest of the Bank but at the same time, as a benefit to farmers. Dehors that if any other benefits are being sought by the petitioners relating to the scheduling of the loans, applicability of the scheme or any concession to be sought from respondents No.3 to 11 Banks, it is premature at this stage to enter into that aspect of the matter since the petitioners have not brought forth any material before this Court to indicate that they have approached the Banks in that regard. 6. Therefore, to the said extent, liberty is to be granted to the petitioners to file appropriate representation with the respondents No.3 to 11 Banks putting forth their grievance and also seeking for such relief that they may seek from respondents No.3 to 11. Respondents No.3 to 11 would look into such representation and take a decision on the said representation one way or the other. The decision taken in that regard would be communicated to the petitioners. 7.
Respondents No.3 to 11 would look into such representation and take a decision on the said representation one way or the other. The decision taken in that regard would be communicated to the petitioners. 7. Hence, to regulate these aspects of the matter, firstly a direction is issued to the second respondent to look into the representation at Annexure-A and dispose of the same in accordance with law. To enable such consideration, the petitioners shall now file one more copy of the representations with the second respondent within two weeks from the date or receipt of a copy of this order. Similarly the petitioners shall also file the representations, if any to the respondents No.3 to 8 Banks within a period of two weeks from the date of receipt of a copy of this order. The second respondent as well as the respondents No.3 to 11 shall dispose of the representations one way or the other in accordance with law as expeditiously as possible, but not later than six weeks from the date of submission of the representations. Until the representations are disposed of, the respondents shall not precipitate the matter by interfering with the enjoyment of the vehicles by the petitioners. In terms of the above, these petitions stand disposed of.