Raj Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7420 of 2014 ===========================================================

1. Raj Kumar Singh

2. Jitendra Kumar Singh Both Sons of Ram Kalewar Singh, resident of village- Madhurapur, Police StationHathouri, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Samastipur.

3. The Block Development Officer, Shivaji Nagar, Police- Station- Shivajinagar, District- Samastipur.

4. The Circle Officer, Shivaji Nagar, Police Station- Shivajinagar, DistrictSamastipur.

5. Samastipur Kshetriya Gramin Bank, Samastipur, through Regional Manager.

6. The Branch Manager Branch, Ballipur, Bihar, Gramin Bank.

7. Bihar Gramin Bank through General Manager, At + P.O+ P.S+ DisttBegusarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Singh, Adv. For the Respondents : Mr. Ranjeet Kumar Pandey, Adv. For the State : Mr. Prabhat Kumar Singh, SC-12 Mr. T. Khan, AC to SC-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-02-2016 Heard learned counsel for the petitioners and learned counsel for the respondents.

The present writ petition has been filed for a direction to the respondents to grant KCC loan to the petitioners as well as for conducting enquiry against the erring respondents. Learned counsel for the petitioners submits that the petitioners were duly entitled for the KCC loan but the same has been illegally denied for ulterior motives.

Learned counsel for the respondents on the other hand

Patna High Court CWJC No.7420 of 2014 dt.15-02-2016 2/2 submits that the petitioners have rightly been denied the KCC loan, as they were in private service and, hence, did not fulfill the eligibility criteria as is evident from the letter of the respondent Bank dated 5.8.2013 (Annexure-8). Bona fides of the respondents is evident also from the fact that the petitioners' brother Shri Dharmendra Kumar Singh has been found to be an agriculturist residing in the village and hence eligible for the KCC loan.

Learned counsel for the petitioners on the other hand disputes the correctness of the stand of the respondents and reiterates that the petitioners are completely based in agriculture. Having regard to the stand of the rival parties, it is evident that the matter involves disputed question of fact which this Court is not inclined to enter into in its extraordinary writ jurisdiction. The writ petition is accordingly dismissed.

It is made clear that this Court is not expressing any opinion on the merits of the matter and the present judgment shall not come in the way of the petitioners to approach any appropriate forum as may be available to them in accordance with law for redressal of their grievances.

(Vikash Jain, J) S.Ali/- U T