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2025 DAILYLAW 50230 (BOM)

CENTRAL KRISHAK SEVA SAHA. SOC. MARYADIT, THR.CHAIRMAN, MANOHARLAL C. PHAFAT v. STATE OF MAHA.,THR. PRIN. SECY., DEPT. OF MINISTRY OF COOPERATION, MARKETING AND TEXTILES AND ORS

WP/2540/2025 · 2025-09-17

Shri Anil S Kilor, Shri Rajnish R Vyas

body2025

Judgment text

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1 963.WP.2540.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 2540 OF 2025 Central Krishak Seva Sahakari Society Maryadit, Akola .Vs. State of Maharashtra and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr Ajay Maheshwari, Advocate for the petitioner Mr S. M Ukey, Addl.GP for respondent Nos. 1 to 3/State CORAM : A NIL S. KILOR AND RAJNISH R. VYAS, JJ. DATED : SEPTEMBER 17 , 2025 . Heard. 2. The respondents launched ‘Chatrapati Shivaji Maharaj Shetkari Samman Yojna-2017’ (for short ‘the Scheme of 2017’) with declared aim to redress the farmers’ distress due to crop failure, drought suicides and related issues. The 248 member farmers of the petitioner society were found to be eligible for getting the benefit of the above referred scheme of 2017. 3. According to respondent Nos. 1 to 3 out of 248 members of the petitioner society, 229 defaulted members are eligible for getting the benefit of loan waiver upto Rs.1,50,000/- (Rupees One Lakhs Fifty Thousand Only) and remaining 19 members upto Rs. 25,000/- (Rupees Twenty Five Thousand only). 2025:BHC-NAG:9267-DB 2 963.WP.2540.2025.odt 4. The affidavit of respondent Nos. 1 to 3 does not dispute the eligibility of these farmers and there is also no dispute that they are entitled to receive the above referred benefit. It is also not in dispute that immediately after the said scheme and on verification of eligibility of the members of the petitioner society, such eligible members became entitled to receive the aforementioned benefit of loan waiver. Despite that, even after lapse of more than 7 years, the benefit has not been extended, which constrained the petitioner to file this petition. 5. The excuse for not making the payment is given in the affidavit of respondent No. 1 to 3 in para 9 which reads thus: “9 I further say and submit that, in view of the various technical issues related to the portal of the said scheme, a meeting was convened under the chairmanship of the Hon'ble Chief Secretary on 27.03.2024. In the said meeting, it was decided that MahaIT shall take necessary steps with respect to the green lists of the eligible beneficiaries and MahaIT shall prepare the accurate green list of remaining accounts. Accordingly, MahaIT has submitted its proposal to Respondent No.1 with respect to implementation of the said scheme. As soon as the said proposal is approved by the State Govt, the Respondent No. 1 will take further necessary steps including making available the necessary budget provision with the approval of finance Department with respect to the loan waiver and incentive benefit to be given to the members of the Petitioner society under the said scheme.” 3 963.WP.2540.2025.odt 6. Though the petitioners were entitled to receive the incentive benefits, the same has not been given and even in the reply there is no statement within how much time it will be done. 7. There is no justification given by the respondent Nos. 1 to 3 about the delay i.e. from the date the farmers become eligible to receive such benefits till the date of filing of the affidavit. 8. Thus, it appears that the respondents are delaying the benefits by citing technical reasons and thereby, depriving the members of the petitioner society to receive benefits, though they are entitled to receive the same. 9. In the circumstances, for the ends of justice we direct the respondent Nos. 1 to 3 to grant benefits as stated in para 6 of the affidavit within three months from today and submit the compliance report. 10. Failure to make the payment, the respondent Nos. 1 to 3 are directed to file an explanation for not making the payment along with the explanation for the delay which has caused in making the payment. Such explanation is expected for the period from the date when the farmers became entitled to receive such benefits. 11. It is made clear that if the explanation is found to be not satisfactory this Court may initiate action against the concerned officers. 4 963.WP.2540.2025.odt 12. We also expect that in the affidavit, if any, filed for giving the explanation for non-compliance, the names of the concerned officers shall be disclosed for issuing show cause why the action should not be taken against such officer. 13. The writ petition stand disposed of, in the above terms. 14. Place the matter for compliance on 22.12.2025. [RAJNISH R. VYAS, J] [ANIL S. KILOR, J.] Namrata