Khurshid Anwar Hussain Parwana v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3842 of 2015 ====================================================== Khurshid Anwar Hussain Parwana son of Late Abdul Karim, Resident of Village- Bangrahata, Police Station- Ghanshyampur and DistrictDarbhanga .... .... Petitioner

Versus

1. The State of Bihar through Secretary, Industries,

2. The Director, Khadi Gramudyog Commission, Sheikhpura, Patna-14,

3. The Assitent Director, Khadi Gramudyog Commission, Sheikhpura, Patna-14,

4. The Chairman, Uttar Bihar Gramin Bank, Head Office, Muzaffarpur,

5. Regional Manager, Regional Office, Uttar Bihar Gramin Bank, Darbhanga Division, Darbhanga,

6. Regional Manager, Regional Office, Uttar Bihar Gramin Bank, Benipur, (Darbhanga), .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Girish Chandra Jha, Advocate For the State:

Mr. Sanjay Sinha, AC to GA 4 For the Bank : Mr. Prabhakar Jha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 02-04-2015 Heard the parties.

Petitioner seeks quashing of the decision dated 09.10.2014 issued by the respondent no. 6, i.e., Regional Manager, Regional Office, Uttar Bihar Gramin Bank, Benipur, Darbhanga, contained in Annexure 11, by which he has found that the application of the petitioner for grant of loan has been rejected on the ground that he has not been found to be a resident of village Bangarhatta. The petitioner, on earlier occasion, had approached this Court by filing C.W.J.C. No. 14630 of 2014 which was disposed of vide order dated 27.08.2014, contained in Annexure 5, directing

Patna High Court CWJC No.3842 of 2015 (2) dt.02-04-2015 the respondent no. 5, i.e., Regional Manager, Regional Office, Uttar Bihar Gramin Bank, Benipur, Darbhanga, to look into the matter and take a final decision upon the application of the petitioner for grant of loan under the Prime Minister Employment Guarantee Yojna for establishment of a bakery industry and upon that the aforesaid impugned decision has been taken. Learned counsel for the petitioner draws the attention of this Court towards a certificate granted by the Mukhiya and the Sarpanch of the concerned Panchayat indicating that he is resident of village Bangarhatta. He also places reliance upon a caste certificate issued by the State authority acknowledging that he is a resident of village Bangrhatta. The petitioner has also appended a residential certificate issued by the State authority clearly stating that the petitioner is a resident of village Bangarhatta. That apart, the petitioner has produced a self attested copy of the voter ID card issued in his favour by the Election Commission of India at the time of hearing.

In the aforesaid facts and circumstances, it is startling and surprising as to under what circumstances such an order could have been passed stating that the petitioner does not reside in the village Bangarhatta.

Be that as it may, in view of the documents appended by the

Patna High Court CWJC No.3842 of 2015 (2) dt.02-04-2015 petitioner in this writ application, this Court would be inclined to grant liberty to the petitioner to approach the respondent no. 4, i.e., the Chairman, Uttar Bihar Gramin Bank, Head Office, Muzaffarpur, by filing a representation appending all the necessary documents including the voter ID card along with a copy of this order. The respondent no. 4 would be expected to reexamine the matter in detail and take a decision at his level. That apart, if it is found that the petitioner's claim is correct and he was being unnecessarily harassed by the authorities, then he would be at liberty to take steps for fixing responsibility in the matter. It is expected that the aforesaid decision would be taken within a period of six weeks from the date of filing of such representation. This disposes of the writ petition.

(Dr. Ravi Ranjan, J) SC/- U