Dinesh Mahto @ Dinesh Das And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1011 of 2018 In Civil Writ Jurisdiction Case No.148 of 2008 ====================================================== 1.
Dinesh Mahto @ Dinesh Das S/o Late Jale Mahto 2.
Ganpati Mandal S/o Late Jale Mahto @ Jalo Mahto @ Jale Mahto 3.
Rajendra Mandal S/o Late Jale Mahto @ Jale Mahto 4.
Jeetendra Mandal S/o Late Jale Mahto @ Jalo Mahto 5.
Satya Narain Mandal S/o Late Jale Mahto @ Jalo Mahto 6.
Madan Mandal S/o Late Jalo Mahto @ Jalo Mahto 7.
Anant Mandal S/o Ganga Mandal All are residents of village - Saroni, Madhepura, P.S. - Basnahi, District Saharsa.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Sri Sudhir Rakesh, the Home Secretary, Govt. of Bihar, Patna. 3.
Sri Anjani Kr. Singh, the Chief Secretary, Govt. of Bihar, Patna. 4.
Sri Himanshu Kr. Rai, the Commissioner, Ministry of Agriculture, Govt. of Bihar, Patna.
5.
Sri Vinod Singh Gunjiyal, the District Magistrate, Saharsa. 6.
The Reserve Bank of India.
7.
Sri Tetar Ram, the Branch Manager, Land Development Bank, Simri Bakhtiyarpur, P.S. Simri Bakhtiyarp 8.
Sri Sunil Kr. Sah, the Regional Manager, Land Development Bank, Saharsa. 9.
Sri Sunil Kr. Sah, the District Manager, Land Development Bank, Saharsa. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the State :
Mr. P. K. Verma - AAG- 3 Mr. Suman Kumar Jha, AC to AAG-3 For the Bank :
Mr. Rajesh Pd. Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-07-2023 Heard Mr. Sanjay Kumar Singh, learned counsel for the petitioner and Mr. Rajesh Pd. Choudhary, who represent the Land Development Bank, Koshi Division, Saharsa.
Patna High Court MJC No.1011 of 2018(5) dt.17-07-2023 2/3 This application has been preferred for compliance of the order dated 24.10.2016 passed in C.W.J.C. No. 148 of 2008 by which a direction was given to the Bank to consider the representation of the petitioner regarding payment of loan amount and take decision.
A show cause has been filed on behalf of the Bank stating that despite request to the petitioner to co-operate, he chose not to appear and further the statement of account has been filed to show that he still owes dues.
Mr. Sanjay Kumar Singh, learned counsel for the petitioner submits that despite making payment of the principal amount as also the interest amount, the Bank kept on increasing the loan amount without closing the same and in that process, he is being burdened with additional amount and being a poor farmer, he is unable to pay.
So far as the writ Court's order is concerned, the Bank was supposed to dispose of the representation of the petitioner, but as he did not appeared before the Bank and only addressed the letter to the District Magistrate, Saharsa, the same was not disposed of.
In that view of the matter, with the consent of the parties, the MJC No. 1011 of 2018 stands disposed of with a
Patna High Court MJC No.1011 of 2018(5) dt.17-07-2023 3/3 direction to the petitioner to appear before the Bank on 26th July, 2023 before the Regional Manager, Land Development Bank, Koshi, Saharsa at 12'o clock when he shall be provided all the fresh documents and the bank will also see to it whether the request of being given the benefit of loan-waiver scheme can be considered or not taking into account his economic status. It is expected that a proper decision shall be taken and conveyed to the petitioner within a period of four weeks thereafter.
The petitioner submits that in view of the fact that the loan amount was taken by his father, he do not have the initial document and as such the Bank shall co-operate in the matter and provide him all the necessary documents, asked for. Learned counsel for the Bank undertakes that necessary documents shall be supplied to him. The MJC No. 1011 of 2018 stands disposed of.
(Rajiv Roy, J) kiran/- U