Shail Devi vs Chief Executive Officer,Khadi on 18 June, 2013

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Patna High Court - Orders

Shail Devi vs Chief Executive Officer,Khadi on 18 June, 2013

Bench: Ajay Kumar Tripathi

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.5618 of 2011
              ======================================================
              Shail Devi, w/o Late Trilokchandra Bhagat, resident of Village -
              Basudeopur, P.O. & P.S. - Barhara Kothi, District - Purnea, Bihar-854203.
                                                                      .... .... Petitioner/s
                                                 Versus
              1. Chief Executive Officer, Khadi Village Industries Commission, Mumbai
              2. The Chief General Manager (Network-1), State Bank of India, West
                  Gandhi Maidan, Patna, Bihar
              3. The Assistant General Manager (Network-1) State Bank of India, West
                  Gandhi Maidan, Patna, Bihar
              4. The Assistant General Manager, State Bank of India, Zonal Office,
                  Purnea, Bihar
              4A. The State of Bihar through Secretary, Industries Department, Bihar,
              Patna
              5. The Regional Manager, Administrative Office, Region-1, State Bank of
                  India, Purnea, Bihar
              6. The Branch Manager, State Bank of India, Basudeopur Branch,
                  Barahara Kothi, Purnea, Bihar
              7. The Project Chief Manager (Rural), State Bank of India, Purnea, Bihar
              8. General Manager, District Industries Centre, Purnea, Government of
                  Bihar, Punrea
              9. The Central Public Information Officer and General Manager (National
                  Language and Corporate Services), Mumbai
              10. The Secretary, State Bank of India, SBI Building, Mumbai
                                                                    .... .... Respondent/s
              ======================================================
              Appearance :
              For the Petitioner/s      :   Mr. Jyotindra Pratap Singh
              For the SBI:                   Mr. Kaushlendra Kumar Sinha
              For the Respondent/s        : Mr. Shashi Bhushan Kr. Sc7
              ======================================================
              CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
              ORAL ORDER
                                            ***************

07.   18.06.2013

After having heard counsel for the parties, including the Respondent-State Bank of India, the Court is not convinced that a kind of right in favour of the petitioner has been created under the Prime Minister Employment Generation Programme, which warrants issuance of mandamus upon the State Bank of India to grant loan to the petitioner. No doubt under the scheme, eligible candidates are entitled to beget certain loans Patna High Court CWJC No.5618 of 2011 (7) dt.18-06-2013 2/2 and advances from nationalized banks, but loans and advances are not matter of right on mere asking.

This is a dispute or an area, which is required to be best left in the hands of the bank authorities, who are the best judges, whether to grant loan in favour of a candidate making such a claim under the scheme and whether such application inspires or instills confidence in the bank to extend a large amount of public money with guarantee of refund / return.

The apprehensions expressed by the bank in their communication to the petitioner, which is subject matter of challenge, cannot be ill founded. However, it is left open to the petitioner to still satisfy the bank on the objections or apprehensions, which the bank has, on the viability of the loan. He can still do so, but no case for issuance of a writ of any kind is made out.

Writ application is dismissed.

(Ajay Kumar Tripathi, J.) SKM/-

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Patna High Court - Orders