IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12767 of 2010 Date of Decision : July 22, 2010. Pal Singh and another .....Petitioner versus Punjab & Sind Bank and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.S.S.Walia, Advocate, for the petitioners. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioners seek quashing of the communications dated 16.3.2009 and 29.5.2010 (Annexures P-4 & P-7 respectively) whereby their claim to treat them as 'small farmers' and waive off the tractor loan advanced to them on 30.6.1999, has been turn down by the respondent- bank. It is not in dispute that both the petitioners purchased the land measuring 53 kanals jointly by a single sale deed . Thereafter, both of them jointly applied and obtained loan of Rs.2,25,000/- for the purchase of tractor on 30.6.1999. The petitioners paid only two instalments of Rs.20,000/- (on 17.7.2001) and Rs.30,000/- (on 15.7.2002) only. They now seek waiving off the said loan under the Government of India C.W.P.No .12767 of 2010 2 Agricultural Debt Waiver and Debt Relief Scheme, 2008 (Annexure P-2), in terms whereof only the small farmers are entitled to waive off the debt taken by them for agricultural purposes. Clauses 3.6 & 3.07 of the Scheme define “Small Farmer” and “Other Farmer” respectively, which read as follows:- “3.6 “Small Farmer” means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 1 hectare and upto 2 hectares (5 acres). 3.7 “Other Farmer” means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 2 hectares (more than 5 acres).” Explanation: 1. The classification of eligible farmers as per the above landholding criteria under the Scheme would be based on the total extent of land owned by the farmer either singly or as joint holder (in the case of an owner-farmer) or the total extent of land cultivated by the farmer (as tenant or share cropper) at the time of sanction of the loan, irrespective of any subsequent changes in ownership or possession. 2. xx xx xx xx 3. xx xx xx xx 4. xx xx xx xx 5. xx xx xx xx” Suffice it to say that the petitioners jointly own more than 5 acres of land and thus their claim does not fall within the `explanation' attached to Clauses 3.6 & 3.7 of the Scheme. No interference with the impugned communications is made out. Dismissed. July 22, 2010 (SURYA KANT) Mohinder JUDGE