Shyam Swarup Chouhan And ORS v. The State Of Bihar And ORS

Patna High Court CWJC No.13237 of 2017 dt.05-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13237 of 2017 ===========================================================

1. Shyam Swarup Chouhan, Son of Late Ramchandra Chouhan, Resident of Village- Bhaluya-I, P.O.- Agani, P.S.- Belaganj, District- Gaya.

2. Arun Kumar, Son of Late Kedar Prasad, Resident of Village- Bajpura, P.S.- Belaganj, District- Gaya.

3. Ram Naresh Yadav, Son of Ram Balak Yadav, Resident of VillageBahabalpur, P.S.- Belaganj, District- Gaya.

4. Devnandan Yadav, Son of Late Biphan Yadav, Resident of Village- Kabirpur, P.O.- Agani, P.S.- Belaganj, District- Gaya.

5. Bibi Saphiha, Wife of Jiyauddin, Resident of Village- Jadopur, P.S.- Belaganj, District- Gaya.

.... .... Petitioners

Versus

1. The State of Bihar through the Secretary, Department of Agriculture, Patna.

2. The District Agriculture Officer, Gaya.

3. The Manager, Madhya Bihar Gramin Bank, Belaganj, Gaya.

4. The Block Agriculture Officer, Belaganj, Gaya. .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Mahesh Narayan Parbat, Sr. Adv. Mr. Sanjay Kumar Jha, Advocate.

For the State : Mr. Jainendra Kumar Sinha, AC to SC-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:

"(i) For issuance of direction to the respondents to release Rs. 60,000/- as subsidy amount on the petitioner's loan account in Madhya Bihar Gramin Bank, Belaganj, which was sanctioned by the District Agriculture Officer, Gaya for purchasing power tiller under the Scheme of the Government of Bihar.

(ii) For issuance of direction to the respondents

Patna High Court CWJC No.13237 of 2017 dt.05-01-2018 concerned to take appropriate action to fix monthly instalment on the rest of the amount of loan after adjusting subsidy amount of Rs. 60,000/-, which was sanctioned by the respondent no. 2 to the petitioners. (iii) For issuance of direction to the respondents to stay the further proceeding of recovery till disposal of the present writ application."

3. At the very outset, this Court takes note on the submission of learned Senior counsel appearing for the respondentBank to the effect that the petitioners have straightway approached this Court without having filed any representation before the Bank.

4. In the above view of the matter, this Court is not inclined to enter into the merits of the claim of the petitioners. The writ petition is disposed of with liberty to the petitioners to file appropriate representation before the District Agriculture Officer, Gaya (respondent no. 2) for redressal of their grievances. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 09.01.2018 Transmission Date N.A.