IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10343 of 2009 HARENDRA PD.SINGH, Son of Late Laxmi Singh, resident of Village- Ram Nagar, Diara, P.S.Bhimal Gola, District-Patna. ........Petitioner. Versus 1. The State of Bihar. 2. District Magistrate, Patna. 3. Branch Manager, Patliputra Gramin Bank, Salimpur,Bakhtiarpur, District-Patna.(Since merged in Madhya Bihar Gramin Bank.) H.O. Patna)....................................................................Respondents. ------- For the petitioner : Mr.Nirmal Kumar Sinha-3, Advocate. For the State : Mr. Vasant Vikas, A.C. to S.C. No. 23. For the Bank : Mr. Sunil Kumar Singh, No.1, Advocate. -With- CWJC No.10367 of 2009 RAM BABU SINGH, Son of Late Jag Narain Singh, resident of Village –Ram Nagar Diara, P.S. Athmol Gola, District-Patna. ............Petitioner. Versus 1. The State of Bihar. 2. District Magistrate-cum- Collector, Patna. 3. Branch Manager, Patliputra Gramin Bank(Since merged in Madhya Bihar Gramin Bank), Salimpur, H.O. Patna,Bakhtiarpur, Patna.....Respondents. ----------- For the petitioner: Mr.Nirmal Kumar Sinha-3, Advocate. For the State : Mr. Santosh Kr. Singh, S.C. 22. For the Bank : Mr. Sunil Kr. Singh-1, Advocate. ----------- 5. 16.10.2009. Heard learned counsel for the petitioners, State and the Bank. 2. Petitioners in both applications had taken loan from Madhya Bihar Gramin Bank, Salimpur Branch for agriculture purpose, namely, for purchase of Tractor and Trailor. In course of time, they became defaulter as they could not deposit the instalments and presently the Bank is proceeding to take coercive major for recovery of the amount due against them 2 which has compelled them to approach this Court by filing these writ applications. 3. During the hearing of these writ applications, learned counsel for the petitioners has submitted that they are ready to pay the entire dues in the light of the land waiver scheme formulated by the Bank in the light of the directives of the Reserve Bank of India. 4. From the counter-affidavit, it appears that in compliance of the instructions of the Union of India, the Bank has formulated the Land Waiver Scheme vide Circular No. 10 of 2008 which is dated 30.5.2008 and is contained in annexure-B to the counter-affidavit. It is submitted on behalf of the two petitioners that in terms of the Circular letter they are in the category of small farmers but on account of some misconception on the part of the Branch Manager their request for grant of loan waiver is not being considered as according to the Branch Manager, petitioners are adjudged as ‘other farmers’ and not marginal and small farmer admissible for grant of land waiver. It is further submitted that such misconception on the part of the Branch Manager is on account of the fact that he has wrongly assumed that the petitioners owned more than 05 Acres of land, their grand-father had more than 05 acres of land, in course of time, the family had become large and on account of succession the land holding of the petitioners is less than 05 Acres of land. 5. Learned counsel for the Bank with respect to the 3 Circular letter dated 30.5.2008 submitted that in terms of loan waiver scheme, the borrowers are entitled to get rebate on the amount deposited by them towards clearance of the loan and the amount deposited by the petitioners prior to coming into force the scheme is not to be taken into account for such waiver. 6. Having heard learned counsel for the petitioners and the Bank, I direct the petitioners to submit their fresh proposal for clearance of the dues of the Bank which should be considered in the light of the relevant instructions of the Bank taking into account his actual land holding as also the amount which they have deposited after coming into force of the loan waiver scheme in accordance with law as early as possible in any case within two months from the date of receipt/submission of proposal alongwith the certified copy of the order before the Branch Manager of the Bank. U.K. (V.N.Sinha,J)