CWP-8776/2009 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.8776/2009 Bhagat Singh Vs The Bank of India & anr. DATE OF ORDER : 10/05/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. Bharat Saini, for petitioner. Counsel submits that the petitioner submitted an application under Section 6(1) of the Rajasthan Agriculture Credit Operations (Removal of Difficulties) Act, 1974 on 28/12/2005 for taking the other agriculture land on mortgage in place of the mortgaged agriculture land which was allowed by the respondent-Bank. Thereafter, the Agriculture Debts Exemption and Relief Scheme, 2008 was introduced by the State Government granting certain exemptions from loan taken by the small farmers from the Bank and Cooperative Societies as referred to in Para No. 2.1 of the Scheme. Counsel submits that the petitioner is also entitled for seeking exemption under the Scheme, 2008 but the respondent-Bank is not granting benefit of the Scheme as alleged on the premise that the petitioner has changed the property which was mortgaged in December, 2005 and the scheme came into force at a later stage in 2008. It appears from the record that a notice was served upon the petitioner by the CWP-8776/2009 2 respondent-Bank on 14/02/2009 in regard to the outstanding loan amount and for settlement of his account. Counsel submits that the petitioner submitted representations also for seeking exemption under Scheme, 2008 but no final decision has been communicated by the Bank Authorities so far. Without going into the merits of the case, this Court considers it appropriate to direct the petitioner to make a fresh representation and if such representation is made, the respondent-Bank is directed to decide the same taking note of the Scheme, 2008, which has been placed on record as Schedule-I, and pass a speaking order within one month of the representation being served, copy of which may be served upon the petitioner and if the petitioner is still aggrieved by the communication made, will be at liberty to avail remedy available under law. With these observations/directions, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu/p.2/ 8776-CW-2009-final.doc