HIGH COURT OF JUDICATURE FOR RAJASTHAN - PRINCIPAL SEAT AT JODHP
DEVENDRA SINGH PURAWAT – Appellant
Versus
THE UNION OF INDIA – Respondent
SAW 155/2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 155/2022
Devendra Singh Purawat S/o Shri Surybhan Singh Purawat, Aged
About 45 Years, R/o Village Singoli, Mandalgarh Bhilwada At
Present Resident Of B-62, Sanjay Colony, Bhilwada (Raj.)
311001.
----Appellant
Versus
1.
The Union Of India, Through Secretary, Finance
Department, Govt. Of India, Jeevan Deep Building,
Sansad Marg, New Delhi. 110001.
2.
The Reserve Bank Of India, Through Its Governor, 18Th
Floor, Central Building, Shahid Bhagat Singh Road,
Mumbai- 400001.
3.
The National Bank For Agriculture And Rural
Development, Through Chief General Manager, 3 Nehru
Place, Tonk Road, Post Box No. 104, Jaipur (Raj.)
4.
The State Of Rajasthan, Through Its Secretary, Co-
Operative Department, Government Of Rajasthan, Jaipur.
5.
The Cooperative Department, Through Its Registrar, Co-
Operative Societies, Nehru Sahkar Bhawan, Jaipur.
6.
The Bank Of Baroda, Through Its General Manager,
Anchal Office, Baroda Bhawan, Plot Number 13, Airport
Plaza, Durgapura, Tonk Road Jaipur. 302018.
7.
The Managing Director, F.s.s. Singoli, Bank Of Baroda,
Tehsil Mandalgarh Bhilwara (Raj).
8.
The Manager, Bank Of Baroda, Branch Mandalgarh Tehsil
Mandalgarh Bhilwara (Raj).
9.
The Farmer Service Society (Charbhuja), Through Its
Administrator, Singoli, Tehsil Mandalgarh, Bhilwara.
----Respondents
For Appellant(s)
:
Mr. A.K. Choudhary
For Respondent(s)
:
--
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
15/03/2022
The instant special appeal (writ) has been preferred by the
appellant-petitioner for assailing the order dated 10.12.2021
(2 of 3)
[SAW-155/2022]
passed by learned Single Bench in S.B. Civil Writ Petition
No.17070/2021.
We have heard and considered the submissions advanced by
the appellant’s counsel and have gone through the impugned
order.
The appellant-petitioner made the following prayer in the
writ petition filed before the learned Single Bench:-
“It is therefore prayed that Hon’ble Court may be pleased to
issue appropriate writ, order or direction whereby:-
A.
The action/order/letter, if any, of Bank of Baroda whereby
decision has been taken to charge 7% interest from Farmer
service society Singoli may kindly be held illegal and
therefore same kindly be quashed and set aside. It is further
prayed that letter dated 06.11.2018 (Annexure-15) and
other similar letters issued by Bank of Baroda for not giving
interest subvention at the rate of 2% on short term loan to
Farmer service society, Singoli may kindly be held illegal and
therefore same kindly be quashed and set aside and it may
kindly be held that FSS is entitled for 2% interest subvention
as per guideline issued by Rajasthan State Cooperative
Bank/Govt of India/RBI/NABARD.
B.
The respondents may kindly be directed to grant due amount
of interest subvention to Farmer Service Society Singoli at
the rate of 2% from 2015 to till date with interest at the rate
of 9% per annum.
C.
The respondent may kindly be directed to refund the amount
which has been charged from Farmer service society as
penal interest with interest at the rate of 9% per annum.
D.
The respondents may kindly be directed to refund the
amount of Rs.3115519+1017839 to the FSS with interest at
the rate of 12% per annum.
E.
The Bank of Baroda may be restrained from charging interest
per month on loan advanced to FSS and it may be directed
to charge interest per annum or as per guideline of Govt. of
India and refund the amount of FSS which has been charged
(3 of 3)
[SAW-155/2022]
as monthly interest from FSS with interest at the rate of 9%
per annum. Further the Bank of Baroda may kindly be
directed to make online the accounts of farmers so that they
may get claims on crop insurance. The disciplinary action
against responsible officer of BOB may kindl