1 (1) S.B. CIVIL WRIT PETITION NO.7319/2005 Balbeer Singh Vs. S.B.I. & anr. (2) S.B. CIVIL WRIT PETITION NO. 3528/2007 LRs of Shri Fusa Ram Vs. S.B.I. & anr. (3) S.B. CIVIL WRIT PETITION NO. 4076/2007 Ajayab Singh & ors. Vs. S.B.I. & ors.) (4) S.B. CIVIL WRIT PETITION NO. 6171/2005 Wazir Singh Vs. Prescribed Authority under Rajasthan Agricultural Credit Operation & anr. Date of Order :: 21st January 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.R.S.Gill ) for the petitioners Mr.J.S.Bhaleria ) Mr.J.K.Chanda for the respondent-Bank. These four petitions though are at different stage of proceedings but with the consent and at the request of the learned counsel for the parties, have been heard finally at this stage and are taken up for disposal by this common order. The petitioners are loanees from the respondent Bank and have filed these writ petitions questioning the proceedings 2 for recovery as adopted by the respondent Bank on various submissions like questioning the rate of interest charged by the Bank and compounding thereof and so also about the correctness of the dues stated. However, it is an admitted position between the parties that in view of the scheme framed by the Government of India, the Bank may take up resettlement of the accounts after considering if any component of the dues is available for waiver. Certain orders passed by this Court in the matters involving similar issue including those in the cases of Smt.Dhina Devi Vs. State Bank of India and another: CWP No.2909/2007, decided on 01.04.2008 and Brij Lal Vs. S.B.I. & Others: CWP No.3644/2007, decided on 07.11.2008 have been placed for perusal. While deciding CWP No.3644/2007 (supra), this Court has ordered thus: ''In this case, the petitioner is challenging the action of the respondent Bank for taking coercive method for recovery of loan amount. The petitioner may file representation before the concerned Bank raising all the grounds. The representation filed by the petitioner shall be decided by the Bank in accordance with the Scheme so framed by the Government of India within a period of two months from the date of filing of the representation. In case any adverse order will be passed by the Bank against the petitioner, then, the petitioner will be at liberty to take 3 recourse of law. With the aforesaid observation/direction, the writ petition is disposed of.'' Having regard to the facts and circumstances of these cases and the orders passed by this Court in similar nature matters, it appears appropriate to allow these writ petitions to the extent that the impugned recovery proceedings are annulled and the petitioners are given liberty to make representation raising all their grievances and making all the requisite submissions within 30 days from today and the representation shall be decided by the respondent-Bank in accordance with law within 60 days thereafter. After decision on such representation, in case of any grievance remaining, the parties shall, of course, be at liberty to take resort to appropriate proceedings in accordance with law. Accordingly, these petitions are allowed only to the extent and with the observations/directions as above. No costs. (DINESH MAHESHWARI), J. MK 4 S.B. CIVIL WRIT PETITION NO. 3528/2007 LRs of Shri Fusa Ram Vs. S.B.I. & anr. Date of Order :: 21st January 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.R.S.Gill ) for the petitioners Mr.J.S.Bhaleria ) Mr.J.K.Chanda for the respondent-Bank. The petition is allowed only to the extent indicated and with the observations/directions made in the common order placed in S.B.Civil Writ Petition No.7319/2005: Balbeer Singh Vs. S.B.I. & anr. (DINESH MAHESHWARI),J. MK 5 S.B. CIVIL WRIT PETITION NO. 4076/2007 Ajayab Singh & ors. Vs. S.B.I. & ors. Date of Order :: 21st January 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.R.S.Gill ) for the petitioners Mr.J.S.Bhaleria ) Mr.J.K.Chanda for the respondent-Bank. The petition is allowed only to the extent indicated and with the observations/directions made in the common order placed in S.B.Civil Writ Petition No.7319/2005: Balbeer Singh Vs. S.B.I. & anr. (DINESH MAHESHWARI),J. MK 6 S.B. CIVIL WRIT PETITION NO. 6171/2005 Wazir Singh Vs. Prescribed Authority under Rajasthan Agricultural Credit Operation & anr. Date of Order :: 21st January 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.R.S.Gill ) for the petitioners Mr.J.S.Bhaleria ) Mr.J.K.Chanda for the respondent-Bank. The petition is allowed only to the extent indicated and with the observations/directions made in the common order placed in S.B.Civil Writ Petition No.7319/2005: Balbeer Singh Vs. S.B.I. & anr. (DINESH MAHESHWARI),J. MK 7