IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9480 of 2008 MD.HELALUDDIN S/O LATE WAZUL HAQUE R/O VILL. LAXMIPUR LOHZAR PS- FALKA,DISTT-KATIHAR--PETITIONER Versus 1. THE STATE OF BIHAR THROUGH COLLECTOR, KATIHAR 2. THE DISTRICT MANAGER-CUM-CERTIFICATE OFFICER, KATIHAR 3. MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK, KATIHAR 4. THE SPECIAL EXECUTIVE MAGISTRATE-CUM-REGIONAL OFFICER, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK, KATIHAR 5. THE BRANCH MANAGER, BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK KORHA BRANCH,KATIHAR--RESPONDENTS ----------- 4 5.1.2010 Heard learned counsel for the parties. Petitioner had taken loan from the respondent Bank which is not a subject matter of dispute. When there was default on his part the respondent Bank decided to initiate a certificate proceeding against him for recovery of loan. The loan was taken for purchase of a tractor which was financed by the Bank in the year, 1998. Besides some other submissions it was also submitted by learned counsel representing the petitioner that in view of the announcement made by the Ministry of Finance in their budget statement for the year, 2008-09 waiver for agriculture loan was granted to the farmers. Based on such a policy the petitioner also demanded writing of the loan taken by him. A counter affidavit has come to be filed on behalf of the respondent Bank. The Bank has brought on record the policy statement. They have indicated that the farmers have been categorized under three categories which are “Marginal Farmer” having land of one hectare (2.5 acres), “Small Farmer” having land of more than one hectares and upto two hectare (5 acres) and “Other Farmers” having land of more than two hectares (more - 2 - than five acres). It is stated that the petitioner falls in the category of “Other Farmers”. For such category in the debt relief scheme such farmers are given relief of 25 percent of the eligible amount subject to condition that the farmer is willing to pay the balance of 75 percent of the eligible amount in three equal instalments. Initially the Scheme was to expire on 30th June, 2009 but the date has been extended by the Central Government till 31st January, 2010. Learned counsel on due instruction from his client submits that he is willing to now settle his dues provided the bank grants due indulgence in terms of the debt relief scheme within the extended period i.e. 31st January, 2010. The Court sees no problem when the petitioner is willing to liquidate his debt and if there is Central Govt. Scheme which is still in operation then it will be incumbent upon the respondent Bank to grant him the relief to the extent which is permissible which is 25% of the eligible amount as per the Scheme. Since the time is short the parties are advised to sit together, work out the figure and settle the dues within the time framed fixed by the Central Government. The final accounting must be done by the respondent Bank within one week from today. Though the period for payment in instalment has expired but if the petitioner is willing to pay all the admitted dues by 31st January, 2010 he may be permitted to deposit the said amount in three instalments before 31st of January, 2010. - 3 - This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)