Sudhir Kumar Saxena, J.:— Heard Sri. Rishad Murtaza, learned Government Advocate.
2. This Court on 25.07.2012 has noted certain suggestions on which response was sought from Principal Secretary, Revenue.
3. Sri. K.S Atoriya, Principal Secretary, Revenue has filed his affidavit stating that letters were issued by him to all the District Collectors and Commissioners of the State calling for the details of cases registered under the Money Lending Act alongwith current status. It is stated that no case was registered under the U.P Regulation of Money Lending Act, 1976 in District Badaun and Farrukhabad. It is also stated in Para 8 that State Government will make every effort to check the menace and every effort will be made to ensure strict impediment? to the unlawful and illegal money lenders who are involved in the trade affecting the public at large. One month's time was sought for filing counter affidavit for collecting information from remaining Districts. This affidavit was filed on 18.08.2012
4. Sri. R.P Mishra, Special Secretary (Home) filed his supplementary counter affidavit and in Para 3 of the affidavit it is stated that details have been given for the steps taken by the Home Department. Home Department has admitted that infraction of the Act does attract the U.P Control of Goondas Act and U.P Gangsters Anti Social Activities (prevention), Act. Department has no objection to slap those Acts but would take further action in consultation with law Department.
5. So far as tracking and confiscating the property of money lenders is concerned, Home Department does not have any objection but states that Act will have to be amended. Similar defence has been taken for investigating the antecedent, other vocations and property acquired by unauthorized money lenders or their relatives.
6. With regard to suggestion for creating helplines, Revenue Department has been held responsible. For preparing list of money lenders at District level with the help of Intelligence and other Agency & suggestion of setting up corpus money has to be considered by revenue department and finance department.
7. In the affidavit dated 25.09.2012, two months' time was sought for informing the further proceeding in the matter but no affidavit has been filed apprising the Court about the progress of the matter.
8. Home Department of the Government is directed to inform the steps taken for the suggestions with regard to (a), (b) and (c) which are reproduced below:
“(a) taking actions under the U.P Control of Goondas Act and U.P Gangsters Anti Social Activities (prevention) Act.
(b) tracking and confiscating the property acquired by the unauthorized money lenders.
(c) investigating the antecedents, other vocations and property acquired by them or their relative.”
9. Let affidavit be filed in this Court by Home Department by an Officer not below the rank of Secretary with regard to the above suggestions and steps taken with regard thereto. Progress report as ordered earlier will also be filed by way of affidavit.
10. Principal Secretary, Revenue is directed to ensure that affidavit is filed by Officer not below the rank of Secretary with respect to the point nos. (g) and (h) which are quoted below:
“(g) preparing list of money-lenders at District level with the help of intelligence and other agencies and,
(h) setting up a corpus of around two crores rupees in every district to give loan to people of low means so that they do not have to turn up to unauthorized money-lenders.”
11. This affidavit will also be filed by the next date. Affidavit will also contain the information for which time was sought in earlier affidavit filed by Sri. K.S Atoriya.
12. It is submitted at the Bar that Railway is a largest employer. Number of Gangs are operating in the field of unauthorized money lending in the Railways.
13. A.D.G, Railway is also directed to file affidavit specifying the steps, if any, taken by him to check menace of unauthorized money lending.
14. Put up this case for further hearing on 12.02.2013