THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.14667 of 2009 ORDER: This Writ Petition is filed seeking a mandamus declaring the action of the second respondent – Union Bank of India, Pasumarru Branch, Guntur District, in demanding the petitioners to repay the outstanding loan amounts without extending the benefits of Agricultural Debt Waiver and Debt Relief Scheme, 2008 (for short ‘the Scheme, 2008’), as illegal and arbitrary, and consequently, to direct the second respondent for waiver of the loans obtained by the petitioners from it in loan account Nos.654-46748 and 654-46747. In the affidavit filed in support of the writ petition, it is stated that the petitioners are agriculturists and they have obtained loan of Rs.75,000/- each from the second respondent in loan account Nos.654-46748 and 654- 46747 by pledging the gold ornaments, for the purpose of agricultural operations. It is further stated that in view of failure of crops, they could not repay the loans. It is also stated that taking into account the failure of crops during the relevant year, the Government of India has notified the aforesaid Scheme, which is applicable to the case of the petitioners. It is the case of the petitioners that though they are entitled to waiver of entire loan amounts as per the said Scheme, the respondents are not extending the same only on the premise that the holding of the petitioners is about 3.2 hectares each. When the matter is taken up today, learned counsel for the petitioners has placed before this Court a copy of the Scheme, 2008, a perusal of which indicates that the marginal farmer is defined as ‘a farmer cultivating (as owner or tenant or share cropper) agricultural land up to 1 hectare (2.5 acres)’. The petitioners also relied on Clause 5 of the Scheme, 2008 with regard to the Debt Waiver. Under Clause 5.1 thereof, it is stated that in the case of a small or marginal farmer, the entire ‘eligible amount’ shall be waived. In this Writ Petition, it is the case of the petitioners that as per pattadar passbooks and other relevant records, they are holding less than 2.5 acres as such they are eligible for waiver of entire eligible loan amount as per the said Scheme. It is their grievance that in spite of the same, entire benefits as per the Scheme, 2008 are not extended to them. The second respondent filed a counter-affidavit. In the said counter-affidavit, while denying the allegations of the petitioners, it is stated that the petitioners themselves have given the extent of the land owned by them as such they cannot seek waiver of entire eligible loan amount as per the Scheme, 2008. In this case, it is to be seen that benefit under the Scheme, 2008 is not extended to the petitioners only on the ground that as they are holders of the land to an extent of 3.2 hectares each, they are not marginal farmers within the meaning of ‘marginal farmer’ as defined in the Scheme, 2008. But, it is the case of the petitioners that they own agricultural land less than 2.5 acres each and the same is evident from the pattadar passbooks issued to them. In that view of the matter, as there was no occasion to the second respondent to consider the eligibility of the petitioners by taking into account the material relied upon by them, I deem it appropriate to permit the petitioners to submit a representation, seeking extension of waiver of their loan amounts as per the Scheme, 2008, along with the copies of pattadar passbooks and any other document to show their holdings at the relevant point of time, to the second respondent, within a period of six (6) weeks from today. On filing such representation, the second respondent shall consider the eligibility of the petitioners for waiver of entire loan amounts with reference to the material produced by them, as per the norms mentioned in the Scheme, 2008, and sent an appropriate communication to them. Till such communication is sent to the petitioners, no further steps shall be taken to recover the balance loan amounts from them. Further, in case it is found that the petitioners are entitled to the benefit of the Scheme, 2008, the second respondent shall extend the same to them, decide their claim and return their gold ornaments pledged with it. Subject to the above, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 28th NOVEMBER, 2011. Note: issue c.c. in three(3) days. kvni