IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 6052 OF 2008 WRIT PETITION NO. 6052 OF 2008 WRIT PETITION NO. 6052 OF 2008 Shri Shivraj Sidgonda Patil. ... Petitioner. V/s. Reserve Bank of India & others. ... Respondents. Amit Borkar for the petitioner. CORAM: V.C.DAGA AND CORAM: V.C.DAGA AND CORAM: V.C.DAGA AND MRS.MRIDULA BHATKAR, JJ. MRS.MRIDULA BHATKAR, JJ. MRS.MRIDULA BHATKAR, JJ. DATED: 12th February 2009. DATED: 12th February 2009. DATED: 12th February 2009. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the petitioner. . Perused petition. 2. The respondent No.1 is the Reserve Bank of India having power under section 21-A of the Banking Regulations Act to frame policy in respect of charging interest. The Hon’ble Finance Minister in his budget speech for 2008-2009 announced Debt Waiver and Debt Relief Scheme for the farmers for implementation by all scheduled commercial banks, RRBs and co-operative credit institutions. The details of the scheme notified by the Government of India were sought to be clarified by the impugned letter dated 20th June, 2008 copies of which were sent to the Chief Executive Officers of all the Primary (Urban) Co-operative Banks. The clarification given by the Reserve Bank of India is in respect of the policy of the Union of India. 3. By this petition, the petitioner is seeking to quash and set aside the clarification to clause (3) at serial No.1 of annexure to the letter dated 20th June, 2008 given by the Reserve Bank of India clarifying the scheme prepared by the Government of India in the matter of waiver of agricultural loan of the farmers of the country. 4. The petitioner claims to be a member and depositor of respondent No.2, a co-operative bank. He is claiming to be entitled to protect interest of the respondent No.2- Bank being member thereof. According to him, the clarification impugned in the petition has an effect of making co-operative bank economically unsound thereby affecting interest of the petitioner, who is a member and depositor of the bank. 5. Having heard learned counsel for the petitioner, one fails to understand how the petitioner can be said to be an aggrieved person entitled to challenge the policy of the Government without demonstrating as to how the said policy has prejudiced him. The policy matters can be interfered with by the - 3 - Court only on the grounds of illegality, irrationality or procedural impropriety [see All India Ex-Emergency All India Ex-Emergency All India Ex-Emergency Commissioned Officers & Short Commissioned Officers Commissioned Officers & Short Commissioned Officers Commissioned Officers & Short Commissioned Officers Welfare Association v. Union of India Welfare Association v. Union of India Welfare Association v. Union of India, 1995 (supp) (1) SCC 78]. There is no whisper in the petition about the alleged illegality or impropriety or arbitrariness of the policy of the State. 6. In fiscal matters, the courts lean more readily in favour of upholding the legality in view of the complexities involved in the social and economic life of the community (see Malwa Bus Service Pvt.Ltd. Malwa Bus Service Pvt.Ltd. Malwa Bus Service Pvt.Ltd. v. State of Punjab v. State of Punjab v. State of Punjab, AIR 1963 SC 634) 7. Learned counsel for the petitioner submits that the Reserve Bank of India or the Union of India has no authority to change the terms of the loan documents obtained by co-operative banks from its borrowers. Again one fails to understand how the petitioner is concerned with issue involved. He is neither a bank nor a credit society nor a borrower. In our considered view, this is a frivolous petition filed by the petitioner which is liable to be dismissed in limine. - 4 - 8. In the result, petition is dismissed in limine with cost quantified in the sum of Rs.5,000/- to be deposited by the petitioner in this Court within four weeks from today for being paid to the Legal Services Committee of this Court. (MRIDULA BHATKAR, J.) (MRIDULA BHATKAR, J.) (MRIDULA BHATKAR, J.) (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)