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Neutral Citation No. - 2025:AHC:79372-DB Court No. - 39 Case :- WRIT - C No. - 14263 of 2025 Petitioner :- Ram Bali Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avneesh Tripathi,Raghwendra Prasad Mishra Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr.Avneesh Tripathi, learned advocate, appears on behalf of petitioner and submits, his client's application for loan stood rejected on impugned communication dated 26th December, 2024 issued by respondent no.3. He submits, his client fulfills requisitions for obtaining the loan. There be interference as the rejection will prevent him from engaging in the business of livestock, in breach of his fundamental right under article 19 (1)(g) of the Constitution of India. 2. On query from Court Mr.Tripathi submits, he attempted to serve to empanelled learned advocate for the bank, who refused to accept. 3. The bank in its discretion has rejected petitioner's application for loan. We reproduce below the reasons given in impugned communication. "1. Customer is not sure from where he will purchase 500 goats, also not able to provide quotation from one seller. 2. Customer has agri filed but not open grass land for grazing. 3. No arrangements for procuring feed for animals. 4. No margin money ready yet. 5. Not offering any security, just saying I will give 50 lakhs liquid security, but from where he will provide not clear. 6. No marketing arrangements observed. 7. Cibil score only 668 with two existing kcc loans of 3.9 and 9.9 lakhs respectively form other bank."
4. We find, petitioner offered to give liquid security of Rs.50 lakhs and on query Mr.Tripathi submits, application was for loan of Rs.61.58 lakhs. He clarifies, his client needs to obtain bank finance to be able to commence the business under the central-scheme, getting assistance thereunder. As such, he cannot invest directly
Rs.61.58 lakhs. 5. Petitioner may, once again, approach respondent no.3 by communicating certified copy of this order. He is to be ready to tender Rs.50 lakhs cash security on approach. In event he does so, the bank might consider that the loan, if granted, will stand secured to extent of Rs.50 lakhs, for petitioner to report on purchase of 500 goats within a time-line fixed by the bank, failing which the loan can be recalled. Once the purchase is made, petitioner will be obliged to feed the livestock.
He says, his business will then come under the Central-scheme. The bank might require the particulars. 6. We make it clear that our above observations are not directions upon the bank. It is only for giving petitioner an opportunity to re-present his application by showing readiness and willingness to provide the cash security. 7. The writ petition is disposed of. Order Date :- 14.5.2025 LN Tripathi (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad