Arjun Vitthalrao Naiknaware v. Anup Kumar And Others

2024:BHC-AUG:4253-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO. 694 OF 2022 IN WP/3017/2020 Arjun Vitthalrao Naiknaware ...

PETITIONER

VERSUS

1.

Mr. Rajesh Kumar Secretary, Department of Co-operation, Marketing, Textile, State of Maharashtra Mantralaya, Mumbai - 400032 2.

Smt. Deepa Mudhol - Munde District Collector/Magistrate, Beed, Dist. Beed.

3.

Mr. Samrut Jadhav District Deputy Registrar Co-operative Societies, Beed Dist. Beed 4.

Mr. V.S. Jagdale Assistant Registrar Co-operative Societies, Majalgaon Tq. Majalgaon, Dist. Beed.

5.

Chief Manager, State Bank of India Branch Beed Road, Majalgaon, Tq. Majalgaon, Dist. Beed.

...

RESPONDENTS ...

Advocate for the Petitioner: Mr. M.S. Shaikh h/f. Mr. Deshmukh Sachin S. AGP for Respondents: Mr. V.M. Jaware Advocate for Respondent No.5 : Mr. Arun V. Rakh ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 27.02.2024 1/3

PER COURT:

The petitioner's claim for loan waiver was directed to considered by the respondent - State.

2.

In the affidavit-in-reply filed by the respondent No.3 which has been mentioned in paragraph Nos.5 to 7 as under : 5.

I say that, a total financial assistance of Rs.18762 crore is given to 44.04 lakh farmers and that 6.60 lakh farmers are yet to be provided with Rs.5975 crore. That, the budgetary provision was not available during last three years and for the year 202324 it is Rs.55.77 crore only, which is insufficient and a supplementary demand is made. I say that, the present Petitioner is eligible to the benefit of loan waiver of Rs.76000/- after applying 'minimum expected recovery/hair-cut formula as per scheme guidelines.

6.

I say and submit that, the Respondent Bank, State Bank of India has submitted loan details of the Petitioner on 21/01/2021 to MAHA-ONLINE Mumbai, the agency appointed by the State Government for implementation of the Scheme and the Bank has obeyed the order issued by this Hon'ble Court.

7.

I say that, during last three years the required adequate budgetary provision for the scheme could not be made and that the budgetary provisions available for the current year, 202324 is not sufficient to provide scheme benefit to all the eligible approved beneficiaries. That, the computerized online portal developed by Maha Online specially for the scheme is temporarily closed and computerized processing of the loan data shared by the banks could not happen. I say that, the scheme has not yet closed and that the Government with intention to provide scheme benefit to all the eligible beneficiaries is in process of making available sufficient funds for the Scheme, allotting work order to scheme implementing agency, activation of scheme computerized online portal, sharing required information and data with and from various banks and other related work."

3.

Since the petitioner's claim has already been considered and the benefit is to be extended to the extent stipulated therein, which 2/3

would happen according to the budgetary provision nothing survives. The writ petition is disposed of with a direction to the respondents depending upon the budgetary provision, to disburse the money in accordance with the scheme.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 3/3