Patna High Court
Mahesh Kumar vs The State Of Bihar And Ors on 12 November, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20543 of 2016
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Mahesh Kumar son of Bhola Sah, Resident of - Daniyalpur Main Road
Teghra Bazar, Nagar Panchayat Ward No. - 6, P.S. - Teghra, District -
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Director Industry, Khadi and Village Industries Commission, Bihar
Patna
4. The Assistant Director Industry, Khadi and Village Industries Commission,
Bihar, Patna.
5. The District Magistrate, Begusarai.
6. The District Development Commissioner, Begusarai.
7. The G.M., District Industry Centre, Begusarai.
8. The General Manager, Central Bank of India, Chandramauli Nariman Point,
Mumbai.
9. The Zonal Manager, Central Bank of India, Maurya Lok Complex, Patna.
10. The Regional Manager, Central Bank of India, Mauryalok Complex, Patna.
11. The Branch Manager, Central Bank of India, Teghra, Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Respondent/s : Mr. Ajay Kumar Sinha, Senior Advocate
Mr. Ajit Kumar Sinha, Advocate
Ms. Dilkash Khan, Advocate
Ms. Minu Kumari, Advocate
Mr. Kinkar Kumar, SC-9
For the State : Mr. Ashutosh Kumar Upadhyaya, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 12-11-2024
1. The Writ petition is filed for issuance of Writ/
orders or directions to the respondent authorities to
immediately release the loan amount in favour of the
petitioner under Prime Minister's Employment Generation
Patna High Court CWJC No.20543 of 2016 dt.12-11-2024
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Programme (PMEGP) which was arbitrarily withheld by the
respondent No. 11. Further, to fix the responsibility and
accountability of the person who is responsible for creating
hurdle in sanctioning the loan amount in favour of the
petitioner.
2. The brief facts culled out of the petitioner is that
the petitioner applied for a loan under Prime Minister's
Employment Generation Programme (PMEGP) of KVIC in
the prescribed format, along with all relevant documents
before the District Industries Centre, Begusarai on
09.06.2015
for establishing a project of wormy compost.
Thereafter, the shortlisted candidates were called for an
interview on 28.07.2015 by the Task Force Committee,
constituted for shortlisting and selecting the eligible
candidates.
3. The General Manager, District Industries
Centre, Begusarai after being satisfied forwarded the
application of the petitioner to the Branch Manager,
Central Bank of India, Teghra, Begusarai with his
recommendations for necessary action to release the loan
Patna High Court CWJC No.20543 of 2016 dt.12-11-2024
amount, in favour of the petitioner. It is contended by the
petitioner that on several occasions, the petitioner
approached the 11th respondent to know about the
developments of his loan application, but the 11 th
respondent did not give proper reply, thereafter, the
petitioner made an application under RTI in the year 2010-
11 where some applications, whose loan proposed under
PMEGP were considered in the said case. The District
Magistrate, Begusarai vide Letter No. 501 dated 10.06.2010
had revalidated the said loan application for the next
financial year and gave directions to all the Branch
Managers, for payment of loan amount. As the petitioner
loan amount was not sanctioned, he was constrained to file
the present Writ petition directing the authorities to release
the loan amount.
4. The counter affidavit filed by respondent Nos. 5,
to 7 disclose that the petitioner has applied for loan under
Prime Minister's Employment Generation Programme
(PMEGP) of KVIC before the District Industries Centre,
Begusarai, on 09.06.2015 for Micro Industry. Further,
Patna High Court CWJC No.20543 of 2016 dt.12-11-2024
respondent No. 7 forwarded the application of the petitioner
to the District Level Task Force Committee and the
petitioner was directed to appear for an interview on
28.07.2015. Thereafter, the application of the petitioner was
forwarded to the Central Bank of India, Teghra, Branch vide
Letter No. 318 dated 14.08.2015.
5. The counter affidavit further disclose that the
application of the petitioner was returned by the Central
Bank of India, Teghra, Branch on 11.03.2016 vide Letter
No. 190 stating that the petitioner does not have sufficient
place for the said project. Further, it disclose that according
to the guidelines laid down by the KVIC, if an application is
rejected by the Bank on realistic ground, providing with
reasons, the same can be discussed in the next District Task
Force for final decision. But before the next District Task
Force Committee Meeting, the process flow of PMEGP
application was changed by the KVIC. The agency made
online applications mandatory and no manual applications
were allowed with effect from 01.04.2016 and, hence, the
Patna High Court CWJC No.20543 of 2016 dt.12-11-2024
cause of rejection of the petitioner's application was not put
before the District Task Force Committee.
6. In view of the new guidelines made by the
KVIC the application is mandatory and no manual
applications were allowed and all prior applications were
returned or rejected and were declared as null and void.
7. Heard the Learned counsel for the petitioner as
well as the Learned counsel for the respondents.
8. The record reveals that the application of the
petitioner was returned by the Bank on 11.03.2016 itself.
According to the guidelines laid down by KVIC, no Manual
applications were allowed with effect from 01.04.2016. As
of now, the application of the petitioner is not pending
before the authorities so as to grant any relief to the
petitioner.
9. Admittedly, the prayer of the Writ petitioner is to
direct the respondents to release the loan amount in favour
of the petitioner which was withheld by respondent No. 11.
In the absence of any application pending before the
respondent authorities, this Court cannot direct the
Patna High Court CWJC No.20543 of 2016 dt.12-11-2024
authorities to process the application to release the loan
amount.
10. However, the petitioner is at liberty to avail his
remedies by filing a fresh application, before the concerned
authorities.
11. In result, the Writ petition is dismissed as it is
devoid of merits.
(G. Anupama Chakravarthy, J)
Manishkr/-
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