Facts
The petitioner, Suman Kumar, availed an education loan but defaulted on repayments due to his inability to secure employment
Source reference: para. 2He filed a writ petition under Article 226 of the Constitution of India seeking reliefs including a one-time settlement (OTS), a five-year extension for repayment, or a partial waiver of the originally due amount in Equated Monthly Installments (EMIs)
Source reference: para. 1During the proceedings, it was noted that the original respondent bank had merged into the Bihar Gramin Bank
Source reference: para. 4Issues
Whether a Writ of Mandamus can be issued under Article 226 to direct a bank to grant loan waivers or extensions in the absence of a violation of legal or fundamental rights
Source reference: para. 2Law Applied
principles governing the extraordinary jurisdiction of High Courts under Article 226 of the Constitution of India
Source reference: para. 2For a writ petition to be maintainable, there must be an infringement of a legal or fundamental right or a violation of the principles of natural justice
Source reference: para. 2Reasoning
The Court observed that the petitioner’s inability to repay the loan was a personal financial grievance rather than a legal wrong committed by the State or the bank.
Source reference: para. 2Since the petitioner failed to demonstrate any breach of statutory duty, violation of natural justice, or infringement of a specific legal right by the respondents, the Court determined that it could not entertain the petition under its writ jurisdiction
Source reference: para. 2the Regional Manager of the Bihar Gramin Bank is the competent authority to consider requests on sympathetic grounds
Source reference: para. 4-5Holding
The Court declined to grant the specific reliefs prayed for in the writ petition but granted liberty to the petitioner to file a representation before the Regional Manager, Bihar Gramin Bank, within one month
The Court directed the concerned authority to pass an appropriate order on the said representation within three months of its filing
Source reference: para. 5The writ petition was disposed of with these observations
Source reference: para. 6Original Court PDF
Suman KumarvsThe State of Bihar
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