THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26045 of 2008 ORDER: 1 Petitioners obtained crop loans in the months of January to March 2007 from the second respondent – Bank by pledging gold ornaments with an undertaking to repay the said loan within a period of six months. However, they could not repay the said crop loans. According to the petitioners the Government of India announced a scheme called Agricultural Debt Waiver And Debt Relief Scheme, 2008 on 29.02.2008 and according to the said scheme, the loans, which are overdue by 31.12.2007 and are not paid by 29.02.2008, shall be waived. According to the petitioners as they come within the said scheme, they approached the second respondent and requested to waive the loan availed by them. But to their utter surprise the second respondent issued an urgent notice dated 05.11.2008 stating that the ornaments that were pledged with the bank will be sold in public auction for the purpose of realizing the crop loan advanced to the petitioners. Hence they approached this Court and filed the present Writ Petition. 2 When once the Government of India has come forward with a noval idea of waiving the loans that are overdue by 31.12.2007 and are not paid by 29.02.2008, in my considered opinion, the second respondent should have followed the guidelines issued under the said Scheme insofar as the petitioners are concerned, provided they come within the norms prescribed under the said Scheme. 3 Accordingly the Writ Petition is disposed of at the stage of admission, with a direction to the second respondent – Bank to consider as to whether the petitioners are entitled to the benefits of the scheme or not and if ultimately the second respondent opines that the petitioners are entitled to the benefits of the Scheme they shall act in accordance with the procedure prescribed under the said Scheme. Till such time the gold ornaments that are pledged by the petitioners with the second respondent Bank shall not be put to public auction. No order as to costs. ------------------------ SRI T.G.K, J. 28.11.2008 kvsn THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 26045 of 2008 28.11.2008 kvsn