IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4589 of 2009 INDRA NARAIN KHAN S/O LATE BADRI NARAIN KHAN R/O VILLAGE-BARAHSHER,PO-BARAHSHER,PS-BIHRA, DISTT- SAHARSA ----------------------------------PETITIONER Versus 1. STATE BANK OF INDIA THROUGH THE MANAGER S.B.I MAIN BRANCH, GANDHI MAIDAN, PATNA 2. MANAGER, S.B.I.PANCHGACHHIYA, VILL-PANCHGACHHIYA, DISTT- SAHARSA------------------------RESPONDENTS ----------- For the Petitioner: Mr. A.K.Mukund, Advocate Mrs.Rekha Mukund, Advocate For the Respondents:Mr. K.K.Sinha and Mr. S.K.Singh (SBI) Advocates ----------- 2 7.1.2010 Heard learned counsel for the parties. Petitioner claims that the respondent State Bank of India has arbitrarily not giving him the benefit of waiver of loan which has been formulated by Government of India as part of the debt relief Scheme, to the varied category of farmers indicated in the said policy. Petitioner claims himself to be a farmer who had obtained loan from time to time under the Kisan Credit Card Scheme and there are certain outstanding dues against the said loan even as of today. The stand of the State Bank of India in the counter affidavit is that the petitioner does not fulfil the criteria as per the terms and conditions laid down in the policy itself. They have no problem in granting relief to all such persons who are eligible but they have no mechanism of interfering with the policy or rewriting the policy to the extent which are non-existent. It is categorically stated that one of the requirements in the waiver is that the loan amount must have been disbursed up to 31st March, 2007, and overdue as on 31st - 2 - December, 2007 and remained unpaid till February, 2008. In case of the petitioner loan amounts disbursed for the first was time on 17th October, 2006, then on 18th October, 2006 and lastly on 17th November, 2006. The loan amount in this case is Rs. 10,000/-, Rs. 30,000/- and Rs. 5000/- respectively. Petitioner deposited Rs. 50,000/- in his account on 29th March, 2007 which resulted in credit balance in his account to the tune of Rs. 4075. Therefore, there was no loan outstanding against his account on 31st March, 2007. Since the loan had been liquidated by the petitioner it is not open to him to subsequently withdraw money from the account merely to attain eligibility. With the facts being what they are and the facts not in dispute the eligibility to claim benefit under the debt relief of 2008 is absent in this case. The Scheme has to be read strictly and applied because the disbursement or compensation to the Bank will be made by the Central Government provided they have granted relief to eligible persons within the terms and conditions of the policy and not the ineligible candidates. Wrong waiver will have a reflection on the balance sheet of the Bank as well. This writ application has not merit and it is dismissed accordingly. RPS (Ajay Kumar Tripathi,J.)