Haribhau Balaji Dhumal v. The State Of Maharashtra Through Its Secretary And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO.11070 OF 2022 HARIBHAU BALAJI DHUMAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

AND 1057 WRIT PETITION NO.11071 OF 2022 KESHARBAI NARAYAN AMBADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Pradeep V Ambade GP for Respondents/State : Mr. D.R. Kale ...

CORAM : MANGESH S. PATIL & Y.G. KHOBRAGADE, JJ.

DATE : 15-12-2022 P.C. :- The petitioners are seeking benefit of loan waiver scheme namely Chatrapati Shivaji Maharaj Shetkari Sanman Yojana - 2017 and a direction to the respondents to consider their proposals for which the committee was constituted.

2.

We have heard both the sides. In some matters this Court has issued similar directions as are being claimed in these petitions.

( 2 ) 3.

In affidavit in reply it has been specifically mentioned in paragraph nos.5 to 7 as under:

"5.

I say and submit that, the specific clause no.4(v) of the said scheme clarifies that if any technical exigency arose while implementing this scheme the power to State Level Committee was given to solve the said technical problem for a limited period of 6 months form the Government Resolution dated 28.06.2017. I say and submit that, the scheme was announced in the year 2017 and the said committee was for limited period i.e. only for 6 months. As on today there is no budget allocation for the said scheme with the State Government therefore, the online portal is not operable. 6.

I say and submit that, second the whole online process of this particular scheme is depending on the budgetary allocation by the Government of Maharashtra. I say and submit that, as stated above, the said scheme was announced in the year 2017 and at that time funds were available to this scheme but the petitioner has raised his grievance in the year 2020 however as on today there is no fund available for the scheme with the State Government but as and when the funds are made available the grievance of the petitioner will be considered by intimating to him for that purpose. 7.

I say and submit that as per the directions issued by Hon. High Court Bench at Aurangabad in Writ Petition No.4814 of 2022 and Writ Petition No.4817 of 2022 on 11.07.2022 the Commissioner for Cooperation and Registrar of Co-operative Societies, M.S., Pune has by letter dated 20.09.2022 has communicated the State Government to

( 3 ) restart the functioning of the said scheme and matter is under consideration of the State Government."

4.

In view of such commitment by the State in the affidavit in reply, we dispose of the writ petitions and expect the State to honour the commitment. Needless to state that the petitioners may approach this Court again if their case is not considered.

[Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.] mub