Pakala Srihari Rao v. Union of India, rep. by its Finance Secretary, Ministry of Finance
2018-09-18
THOTTATHIL B.RADHAKRISHNAN, V.RAMASUBRAMANIAN
body2018
DigiLaw.ai
JUDGMENT : Thottathil B. Radhakrishnan, J. 1. We have heard Sri Y. Balaji, learned counsel for the petitioner in this Writ Petition. 2. Having regard to the nature of the directions being issued hereunder, we dispense with notice to the respondents preserving their right to seek re-hearing of this Writ Petition, if aggrieved by the terms of this order. 3. The sum and substance of this Writ Petition is that, according to the petitioner, the farmers in the State of Telangana, who are entitled to certain financial support by way of loan facility are not being extended such support by the different banking institutions, to which the Reserve Bank of India Master Directions, which is Ex.P1, applies. The plea is that those Master Directions, in so far as farm credits in agricultural sector are concerned, include among other things, the eligibility of distressed farmers indebted to non-institutional lenders, to disbursement of loans. The petitioner highlights this particular term of the Master Directions of the Reserve Bank of India and pleads that the farmers who have made applications for such relief to the different banking institutions have not received positive response to such requests. In such circumstances, the petitioner, who, as a Member of the Telangana State Commission for Debt Relief (Small Farmers, Agricultural Labourers and Rural Artisans) is stated to have made different representations including by bunching up and forwarding copies of the representations of farmers of Medak District and requesting intervention of the banking institutions to which the aforesaid Reserve Bank of India Master Direction applies. 4. While it may be justifiable for the petitioner to say that the beneficiaries of loan facilities may include marginalized and impoverished people, who are eking livelihood through agriculture and are under financial pressure owing to debts due to non-institutional lenders, we are of the view that no useful purpose would be served by entertaining this matter as a Public Interest Litigation and issuing a general fiat or omnibus directions either to the banking institutions or to the Reserve Bank of India or the Lead Bank in the State of Telangana, in an attempt to obtain compliance of the directions referred to above. In our view, there has to be a forum for consideration of individual complaints of the farmers, who have specific complaints of non-adherence to the Master Directions by those banking institutions, which are obliged to do so. 5.
In our view, there has to be a forum for consideration of individual complaints of the farmers, who have specific complaints of non-adherence to the Master Directions by those banking institutions, which are obliged to do so. 5. For the purpose of proper management of the issue, we are of the view that the Telangana State Legal Services Authority is a necessary party, which has to be brought on record to ensure a methodic enforcement of structured system through which the complaints can be carried forward to the competent authority. We, therefore, implead the Telangana State Legal Services Authority represented by its Member Secretary, as additional respondent. The said institution and its Member Secretary will do the needful in terms of the directions being issued hereunder. In furtherance thereof, if further directions or clarifications are required for proper management of the issues, the Member Secretary will be entitled to seek further clarifications from the Executive Chairman of the Telangana State Legal Services Authority, as may be required, from time to time. 6. With the aforesaid, the following directions are issued. (1) The individual agriculturists, who have applied for benefit of the Master Directions of the Reserve Bank of India (Ex.P1 in this Writ Petition) will be entitled to place their 3 complaints regarding non-performance or non-sanctioning of such facility before the jurisdictional Taluk Legal Services Committee. That Committee will take up that complaint as a complaint before it, and deal with it, by issuing requisite notice with information to the banking institutions concerned. Necessary assistance, as may be required, may be called for from the jurisdictional revenue or other State Government Authority as well. The Taluk Legal Services Committee will resolve the complaint of the agriculturists concerned, as would be available, on the basis of the facts and materials. This exercise shall be carried out in relation to each complaint at the earliest from the date on which each of such complaint is received by the Taluk Legal Services Committee. (2) Respondents 4 to 9 and all Government officials in the Medak District of the State of Telangana are directed to provide such information as would be called for by the jurisdictional Taluk Legal Services Committee and ensure that the Master Directions of the Reserve Bank of India, which are referred to above, are complied with, in accordance with law. 7. The Writ Petition is ordered accordingly.
7. The Writ Petition is ordered accordingly. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.