IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8639 of 2009 SHRI SATYADEO TIWARY Versus THE CHAIRMAN,STATE BANK OF INDIA & ORS ----------- 2 27.7.2009 In the instant writ petition the petitioner prays for quashing the impugned notice dated 12.9.2008 issued by the Assistant General Manager, State Bank of India, Bailey Road, Patna, respondent no.4 whereby he waived the agricultural loan only to the extent of 25%. The petitioner took agricultural loan from the respondent Bank and mortgaged his land in lieu of the same. Learned counsel for the petitioner submits that he has been convicted in a false case lodged by his relative under sections 302, 307 of the Penal Code and section 27 of the Arms Act and he is in jail since 4.8.2003 and as such he was unable to re-pay the agricultural loan. He submits that the Central Government issued a Debt Waiver and Debt Relief Scheme, as contained in Annexure-1, for farmers in the year 2008-09. According to Clause 3.5 a farmer holding agricultural land up to 1 hectare (2.5) acres would fall under the category of ‘Marginal Farmer’; according to Clause 3.6 a farmer holding agricultural land of more than 1 hectare and up to 2 hectares (5 acres) would fall under the category of ‘Small Farmer’ whereas according to clause 3.7 a farmer holding agricultural land of more than 2 hectares (more than 5) would fall under the category of ‘Other Farmer’. The Scheme further provides that in case of a small 2 or marginal farmer, the entire eligible amount should be waived whereas in case of other farmers there will be a one time settlement scheme under which the farmer will be given a rebate of 25% of the eligible amount. Learned counsel while referring to paragraph 6 of the writ petition asserts that the petitioner would come under the category of marginal farmer and at the most of category of small farmer as he possesses or cultivates hardly 1 acre of land. He further submits that it would appear from Land Possession Certificate as contained in Annexure-3 that the land belonged to the petitioner and his other co-brothers. Learned counsel appearing on behalf of the Bank submits that petitioner falls in the category of Other Farmer and as such he has been allowed 25% rebate of the eligible amount. However, he submits that the petitioner should file a representation before the respondent no.5 for redressal of his grievance. After hearing counsel for the parties, the petitioner is granted liberty to file a representation before the Branch Manager, State Bank of India, Koransarai, Buxar, Respondent no.5, with all documents to show that he would come under the category of Marginal Farmer or Small Farmer and not under the category of Other Farmer. In case such a representation is filed, the respondent no.5 would dispose of the same within one month from the date of its receipt and will forward his comments for appropriate order to be passed by the Assistant General Manager, State Bank of India, 3 KHAN Bailey Road, Patna, respondent no.4 who in turn will pass appropriate order expeditiously as possible. In the meanwhile, no coercive action would be taken against the petitioner. With the aforesaid observations and directions, this writ petition stands disposed of. Let a copy of this order be handed over to Shri K.K.Sinha, learned counsel appearing on behalf of the Bank. (S.P.Singh,J)