WP(C) 3564/2010 BEFORE HON’BLE MR. JUSTICE B K SHARMA Heard Mrs. A Bujarbaruah, learned counsel for the petitioners as well as Ms. R Chakaborty, learned Additional Senior Government Advocate, Assam. Considering the nature of the order, I propose to pass, no Notice need b e issued to the respondent No.5. The petitioners had obtained loan from the respondent No.5 under the sch eme called Prime Minister Rojgar Youjana (PMRY). They defaulted in repayment of loan and accordingly, a proceeding was initiated against them. It appears that a writ petition was filed against the demand for repayment of the loan amount. Th e writ petition was disposed of by judgment and order dated 18.11.2004 providing that the petitioners involved in the writ petition would approach the responden t Bank giving the details of money borrowed, money paid and balance due. It was also provided that on such approach being made, the Bank would consider their ca se. According to the statement made in the writ petition, the petitioners ha d been paying the instalments towards repayment of the loan from time to time an d eventually, the Bank by its letter dated 26.11.2009 apprised the petitioners a bout a particular special scheme and advised them to contact with the Bank to pr ocess their case as per the new scheme. However, from the materials on record it appears that the petitioners did not respond to the said proposal of the Bank a nd eventually, Bakijai proceedings were initiated against them. By the impugned Notice dated 15.03.2010, each one of the petitioners was directed to show cause as to why they should not be committed to the civil prison upon failure to repay the loan and in execution of the Bakijai certificate in question. There is nothing to show that such notices issued by the Certificate Off icer, Sivasagar, had been responded to by the petitioners by filing any show cau se reply. Only statement made in the writ petition is that in response to such s how cause notices, they had appeared before Certificate Officer, Sivasagar but t hey are under constant threat of arrest by Police. Considering the matter in its entirety and having regard to the fact tha t the petitioners, who had borrowed the loan amount from the respondent Bank lon g-time ago but the same is yet to be repaid and that the Bank had apprised the p etitioners about a special scheme to which, the petitioners did not respond, thi s writ petition is disposed of providing that the petitioners may approach the C ertificate Officer, Sivasagar by filing their individual show cause reply on or before 30th June, 2010. On the basis of such show cause replies, it submitted by the petitioners, the Certificate Officer, Sivasagar shall pass appropriate orde rs in accordance with law. Till the said course of action is completed, the petitioners may not be sent to civil prison. If, any one of the petitioners failed to submit show cause reply in response to the show cause notices, issued by the Certificate Officer, Sivasagar, it will be open for the authority to arrest the said defaulter. It i s further expected that in the event of submitting the show cause replies, the C ertificate Officer, Sivasagar shall pass an appropriate order, strictly in accor dance with law as expeditiously as possible, preferably within one month thereaf ter.