Amarnath Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1105 of 2014 =========================================================== Amarnath Mandal Son of Sahdeo Mandal Resident of Village- Purushottampur, Post- Sonki, Police Station- Darbhanga In The District of Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Animal Husbandry And Fishries Department, Government of Bihar, Patna

2. The Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

3. The Director, Dairy Development Directorate, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

4. The District Dairy Development Officer, Darbhanga

5. The Manager, North Bihar Gramin Bank, Sonki in the District of Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. SUNIL KUMAR For the Respondent/s : Mr. PRABHAKAR JHA Mr. SITARAM YADAV (GP-16) =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 26-07-2016 Heard both sides.

A counter affidavit is filed on behalf of the respondent nos. 1 to 4.

The writ application prays for a direction upon the respondent(s) particularly the North Bihar Gramin Bank to sanction the loan to the petitioner under Dairy Entrepreneurship Development Scheme implemented by National Bank for Agriculture and Rural Development (for short "The NABARD). The application was filed before the District Dairy Development Officer, Darbhanga. The petitioner intended to obtain the loan from the respondent-Bank. Accordingly, it is stated, the recommendation was made to the Bank

Patna High Court CWJC No.1105 of 2014 dt.26-07-2016 2/2 by the District Diary Development Officer. The matter for one reason or another remained pending. In the meantime, as per the counter affidavit of the State, the said scheme implemented by NABARD has been discontinued. All the pending applications including that of the petitioner were returned to District Animal Husbandry Officer, Darbhanga.

It is stated in the counter affidavit that Central Bank of India, Donar Branch Darbhanga is the Nodal Branch for grant of loan under the existing scheme, if any, the petitioner should file fresh application for grant of loan under the existing scheme. As the scheme itself has been closed, this Court is reluctant to grant the relief. The petitioner shall, however, be at liberty to file fresh application for grant of loan under any existing scheme for establishment of Diary business before the respondentDistrict Diary Development Officer or the equivalent post who shall act on the said application and make appropriate recommendation to the concerned Bank for processing the application for grant of loan under the existing scheme.

The writ application is disposed of with the said liberty. (Kishore Kumar Mandal, J) rohit/- U