I \ ■ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY I TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23935 OF 2011 Between: 1. Yeturu Bakthavatsala Reddy(Died), S/o.Venku Reddy, Aged about 71 years,Occ; Agriculture R/o.Indupur village, Allur Mandal, Nellore District 2. Yeturu Kameswaramma, W/o. Late Yeturu Bakthavatsla Reddy, Aged 72 years, Occ House Wife, Indupur Village, Allur Mandal, Nellore District. 3. Yeturu Goverdhan Reddy, S/o. Late Yeturu Bakthavatsla Reddy, Aged 54 years, Occ Agriculture, Indupur Village, Allur Mandal, Nellore District. {P2 and P3 are brought on record as LR's of Deceased Writ Petitioner as per Court's Order dt.21/12/2024 in lA 1/2022) ...PETITIONERS AND The Andhra Bank, rep. by its Sr.Branch Manager, Kovvur Branch, Kovur, Nellore District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction in the nature of writ of mandamus declaring the impugned letter No.0333/19 dated 05.04.2011 issued by the respondent herein as illegal, arbitrary, and unconstitutional and consequently direct the respondent Bank to waive the entire loan amount of the petitioner under Agricultural Gold Loan Account No.GL.AGL/01/2006/158( as per the Circular No. 1/2008 issued by the < Government of India under Agricultural Debt Waiver and Debt relief scheme 2008 and return the Gold Ornaments of the petitioner forthwith. I.A. NO: 1 OF 2011(WPMP. NO: 29348 OF 2011) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned letter no.0333/19 dated 05.04.2011 issued by the respondent herein pending disposal of the writ petition. Counsel for the Petitioners: SRI T. BALAJI Counsel for the Respondent: SRI V. RAGHU The Court made the following: ORDER ::1:: APHC010304092011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23935/2011 Between: ...PETITIONER(S) Yeturu Bakthavatsala Reddy(died) and Others AND ...RESPONDENT The Andhra Bank Rep By Its Branch Manager Kovvur Branch Counsel for the Petitioner(S): 1.T BALAJI Counsel for the Respondent: 1.VRAGHU 2. « [i- 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23935 of 2011 This Court made the following ORDER: Heard learned counsel for the Petitioner and the learned Standing Counsel for the Respondent-Bank, apart from perusing the material available on record. 2. In the present Writ Petition, challenge is to the letter No.033/19, dated 05.04.2011 issued by the Respondent herein, turning down the request of the Petitioner herein for waiver of the loan amount as per the Agricultural Debt Waiver and Debt Relief Scheme, 2008. According to the Petitioner, he had taken agricultural gold loan of Rs.55,000/- on 05.03.2007. The said loan was due by 31.12.2007. However, the Petitioner herein admittedly failed to clear the loan within the time, as such, the same became overdue. The Central Government introduced Agricultural Debt Waiver and Debt Relief Scheme, 2008. When the Petitioner herein made an application dated 17.03.2011 for extension of benefit under the said scheme by way of a representation, in turn vide the impugned letter dated 05.04.2011 the Respondent herein declined to consider the said request on the ground that the petitioner herein is not eligible^ Dander the Debt Waiver Scheme but eligible under the Debt Relief i 3 Scheme and more so, he owned less than 5 acres of land and he would fall under the category “Small Farmers”. According to Clause 3.6 of the said scheme, ‘Small Farmer’ means, a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 1 hectare and upto 2 hectares (5 acres) and according to Clause-3.7 of the said scheme, the ‘Other Farmer’ means, a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 2 hectares (more than 5 acres). In the instant case, on the ground that the petitioner herein owns the land of an extent of less than 5 acres. Respondent herein refused to extend the benefit of the scheme on the ground that the petitioner would fall under the definition of ‘Other Farmers category. 3. Taking into consideration the submissions of the learned counsel for the Petitioner and various documents filed along with the Writ Petition, this Court deems it appropriate to dispose of the Writ Petition, leaving it open for the Petitioner herein to submit an application afresh for extension of the benefit of the loan waiver in accordance with the subject scheme, enclosing all the relevant documents, within a period of two (2) weeks from the date of receipt of a copy of this order. If any such application is filed by the Petitioner within the time stipulated above, the same be verified and appropriate action be taken/orders be passed strictly in accordance with law, as expeditiously as i ::4:: possible, preferably within a period of three (3) weeks from the date of submission of the application by the Petitioner. 4. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECtrON OFFICER To, 1. The Sr. Branch Manager, Andhra Bank, Kovvur Branch, Kovur, Nellore District 2. One CC to Sri T. Balaji, Advocate [OPUC] 3. One CC to Sri V. Raghu, Advocate [OPUC] 4. Three CD Copies. /I ssb HIGH COURT DATED:21/01/2025 5^0?AND/^ ^ 0 5 FEB 2025 ORDER A miE WP.No.23935of2011 \o 05/ Current Section PeSPATCV^'^S vj- i' DISPOSING OF THE W.P. WITHOUT COSTS