Dismissed

Ter Large Size Multi Purpose Co. Operative Society v. Union of India and Ors.

Bombay HC2 Dec 2010WP/973/2004

Case brief

AI extract

What is this about?

Writ petitions were filed by several agricultural societies and farmers challenging the General Insurance Corporation of India's (GIIC) and the State Government's refusal to pay crop insurance claims under the Rashtriya Krishi Bima Yojana. The petitioners argued that a State revenue assessment ('annewari') of less than 50% indicatively proved crop failure warranting claims.

What did the court decide?

None; petitions dismissed as claims are not ascertainable on the basis of revenue assessment under the scheme.

Ter Large Size Multi Purpose Co. Operative Society Vs Union of… — Insurance | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.973 OF 2004

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Ter Large Size Multipurpose Co-operative Society Ltd., Ter, Taluka and District Osmanabad, through its Vice Chairman, Shivraj Shankar Zade, age: 38 years, Occ: Agril., R/o Ter, Taluka & Dist.Osmanabad. Petitioner

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Versus

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1 The Union of India.

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2 The Managing Director, The General Insurance Corporation of India, Mumbai, Maharashtra Crops Insurance Kaksha, 23^rd Floor, Stock Exchange Towers, Dalal Street, Fort, Mumbai.

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3 The State of Maharashtra, Secretary, Revenue & Agricultural Department, Mantralaya, Mumbai.

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4 The Managing Director, Osmanabad District Central Co-operative Bank Ltd., Solapur Road, Osmanabad. Respondents

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Mr. M.B. Kolpe, advocate for the petitioner. Mr. K.G. Patil, AGP for respondent no.3. Mr. Alok Sharma, Standing Counsel for respondent no.1.

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Mr. S.L. Kulkarni, advocate for respondent no. 2.

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WITH

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WRIT PETITION NO. 5765 OF 2004

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Para Vividh Karyakari Seva Sahakari Society Ltd., Para, Tq. Washi District Osmanabad, through its Chairman Shri Bhaskarrao Eknathrao Shinde, r/o Village Para, Tq. Washi, Dist. Osmanabad. Petitioners Versus 1 General Insurance Corporation of India Maharashtra State Level Corporation Insurance Cell Stock Exchange Towers, 20^th floor East Wing Dalal Street, Fort Mumbai 400 023. 2 The Chairman, The Osmanabad District Central Co-op. Bank Ltd. Main Road, Osmanabad Dist. Osmanabad. 3 The State of Maharashtra The Minister for Rural Development Rural Development Department Mantralaya Mumbai. Respondents

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Mr.Mr.S.A. & B.A.Dhengle, advocate for petitioner. Mr.K.G.Patil, A.G.P. For Respondent No.3. Mr.S.L.Kulkarni, advocate for Respondent No.1. Respondent No.2 served.

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WITH

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WRIT PETITION NO. 5101 OF 2001

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1 The Chairman Bhairawnath Walvane Vividh Karyakari Seva Sahakari Society, Walwane Tq. Parner, Dist. Ahmednagar. 2 The Chairman, Ghanegaon Gatewadi Vividh Karyakari Seva Sahakari Society, Ghanewadi Tq. Parner, Dist. Ahmednagar. 3 The Chairman Mhasne Vividh Karyakari Seva Sahakari Society Mhasne, Tq. Parner Dist. Ahmednagar. 4 The Chairman, Palve Khurd Vividh Karyakari Seva Sahakari Society Palve, Tq. Parner, Dist. Ahmednagar. 5 The Chairman Kaduj Vividh Karyakari Seva Sahakari Society, Kaduj Tq. Parner, Dist. Ahmednagar.

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6	The Chairman Palve Budruk Vividh Karyakari
	Seva Sahakari Society, Palve Tq. Parner, Dist. Ahmednagar.
7	The Chairman Asthagaon Vividh Karyakari Seva Sahakari Society, Asthgaon Tq. Parner, Dist. Ahmednagar.
8	The Chairman Apadhup Vividh Karkayari
	Seva Sahakari Society, Apadhup Tq. Parner, Dist. Ahmednagar.
9	The Chairman Bhabhudri Vividh Karyakari Seva Sahakari Society, Babhudri
	Tq. Parner, Dist. Ahmednagar.
10	The Chairman Shrimant Viswasrao Bahadur Supa
	Vividh Karyakari Seva Sahakari Society Supa, Tq. Parner Dist. Ahmednagar.
11	The Chairman Bhoyare Gangarda Vividh Karyakari
	Seva Sahakari Society
	Bhoyare Gangarda, Tq. Parner, Dist. Ahmednagar.
12	The Chairman, Pimpri Gavli Vividh karyakari Seva Sahakari Society
	Pimpri Gavali, Tq. Parner,
	Dist. Ahmednagar.

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13	The Chairman
	Ranjangaon Vividh Karyakari Seva Sahakari Society, Ranjangaon Tq. Parner, dist. Ahmednagar.
14	The Chairman Waghunde Vividh Karyakari Seva Sahakari Society, Waghunde Tq. Parner, Dist. Ahmednagar.
15	The Chairman Rui Chhatrapati Vividh Karyakari Seva Sahakari Society ltd Rui Chhatrapati, Tq. Parner Dist. Ahmednagar.
16	The Chairman, Raitale Vividh Karyakari Seva Sahakari Society, Raitale Tq. Parner, Dist. Ahmednagar.
17	The Chairman Shahajapur Vividh Karyakari Seva Sahakari Society Ltd., Shahajapur Tq. Parner, Dist. Ahmednagar.
18	The Chairman Vadner Haveli Vividh Karyakari Seva Sahakari Soiety Ltd Vadner, Tq. Parner Dist. Ahmednagar.
19	The Chairman Shri Krushna Hanga Vividh Karyakari Seva Sahakari Society Ltd. Hanga Tq. Parner, Dist. Ahmednagar.	Petitioners
	Versus

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1	The State of Maharashtra through Government Pleader High Court of Bombay, Bench Aurangabad.
2	The Office Incharge Bharatiya Sadharan Bhima Nigam Maharashtra State Levhal Crop Insurance Cell, 20^thMajala, East Wing, Stock Exchange Building Dalal Street, Fort, Mumbai 400 023.
3	The Chief Officer Department of Director of Agriculture Shivajinagr, Pune.
4	The Manager Ahmednagar District Central Cooperative Bank Ltd, Station Road, Ahmednagar.
5	The Agricultural Officer Zilla Parishad, Ahmednagar District Ahmednagar
6	The Collector, Ahmednagar
	Dist. Ahmednagar.	Respondents

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Mr.D.R.Jaybhar, advocate for petitioners. Mr.K.G.Patil, A.G.P. For Respondents No.1, 3 & 6. Mr.S.L.Kulkarni, advocate for Respondent No.2. Mr.V.P.Latange, advocate for Respondent No.4. Mr.S.T.Shelke, advocate for Respondent No.5.

WITH

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WRIT PETITION NO. 5113 OF 2003

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Jalg	aon District Supervision
Coo	perative Society Limited, Jalgaon
1	Madhavrao s/o Raghunath Bhadgujar age 47, occ. Head Clerk r/o Jalgaon District Supervision
	Cooperative Society Ltd., Jalgaon Ganesh Colony, Unity Chambers, Jalgaon, Dist. Jalgaon.	Petitioner
	Versus
1	The State of Maharashtra Through Secretary
	Cooperative Department
	Mantralaya, Mumbai 400 032.
2	District Deputy Registrar Jalgaon, District Jalgaon.
3	Jalgaon District Central Co-operative Bank Limited, Jalgaon Head Office : Ring Road Jalgaon, 425 001
	through its Administrator respondent no. 2.
	i.e. District Deputy Registrar.
4	The General Insurance Corporation Maharashtra State Level Crop Insurance Cell
	23^rdFloor, East Wing,
	Stock Exchange Building
	Dalal Street, Mumbai 400023.	Respondents

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Mr.P.R.Patil, advocate for the petitioner. Mr.K.G.Patil, A.G.P. For Respondents No.1 & 2. Mr.S.L.Kulkarni, advocate for Respondent No.4. Respondent No.3 served.

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WITH

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WRIT PETITION NO. 5209 OF 2005

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Dhule – Nandurbar District Supervision Cooperative Society Limited, Dhule & Nandurbar Through Bhika s/o Waman Bachhav age 52, occ. Head Clerk r/o Dhule – Nandurbar District Supervision Co-operative Bank, D.D.C. Bank, New Building Swami Samarth Mandir, Shivaji Nagar Dhule 424001.

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Petitioner

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Versus

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1 The State of Maharashtra Through Secretary Co-operative Department Mantralaya, Mumbai 400032.

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2 The Commissioner (Agriculture) Maharashtra State, Central Building Pune 410001

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3 Dhule District Central Co-operative Bank Ltd Dhule. Swami Samarth Mandir, Shivaji Nagar Dhule 424001 Through its Managing Director

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4 Agriculture Insurance Company of India Ltd

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Mumbai Zonal Office Stock Exchange Tower 20^th Floor, East Wing Dalal Street, Mumbai 400023.

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5 Nashik District Supervision Co-op. society limited, Pingale Complex, 2^nd Floor Ghankar Lane, Raviwar Karanja Nashik Through Gulabchand Nayansukh Bagmar age 58 years, occ. agriculturist r/o as above. Respondents

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Mr.P.R.Patil, advocate for the petitioner. Mr.K.G.Patil, A.G.P. For Respondents No.1 & 2. Respondent No.3 served. Mr.S.L.Kulkarni, advocate for Respondent No.4.

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WITH

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WRIT PETITION NO. 2787 OF 2004

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The Vividh Vikas Seva Karyakari Co-operative Society, Bazar Sangvi Through its Chairman Shri Shivaji Bhika Katkar age 35 years, r/o Bazar Sangvi Tq. & Dist. Aurangabad.

Petitioner

Versus

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1 The State of Maharashtra Through its Secretary Agriculture Department Mantralaya, Mumbai 32.

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2 The Union of India Through General Insurance Corporation of India East Wing, Stock Exchange, Dalal Street, Fort Mumbai 23.

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3 Tahsildar Tal Khultabad, Dist. Aurangabad. Respondents

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Mrs. C.E. Gaikwad, advocate for the petitioner. Mrs. A.V. Gondhalekar AGP for respondent nos. 1 & 3. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 2.

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WITH

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WRIT PETITION NO. 2845 OF 1998

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1 Harishchandra s/o Limbaji Balte age 37 years, occ. agriculture r/o Khodwasawargaon, Tq. Parlivaijinath Dist. Beed.

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2 Mudrikabai w/o Harishchandra Balte age 35 years, occ. agriculture r/o Khodwasawargaon Tq. & Dist. as above.

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3 Narmada w/o Damodhar Dahiphale age 35 years, occ. & r/o as above.

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4	Narayan s/o Deorao Lad
	age 42 years, occ. & r/o as above.
5	Haribhau s/o Deorao Lad age 40 years, occ. & r/o as above.
6	Bapurao s/o Ganpati Dahiphale age 45 years, occ. & r/o as above.
7	Raghunath s/o Santoba Dahiphale age 49 years, occ. & r/o as above.
8	Maroti s/o Aba Dahiphale age 48 years, occ. & r/o as above.
9	Ramrao s/o Yougaji Dahiphale age 70 years, occ. & r/o as above.
10	Mandodari w/o Ramrao age 65 years occ. household & agriculture r/o as above.
11	Damodhar s/o Sakroba Dahiphale age 42 years, occ. agriculture r/o as above.
12	Babu s/o Ramrao Dahiphale age 35 years, occ. & r/o as above.
13	Bhivsen s/o Ramrao Dahiphale age 30 years, occ. & r/o as above.	Petitioners
	Versus
1	The State of Maharashtra

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Through its Secretary Revenue and Forest Department Mantralaya, Bombay.

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2 Administrator Indian General insurance Company Stock Exchange Building 23^rd Floor, Fort, Mumbai.

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3 Branch Manager District Central Co-operative Bank Branch Dharampuri, Tq. Parali Dist. Beed.

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4 Seva Sahakari Society Khodwa Sawrgaon through its secretary Tq. Parali, Dist. Beed. Respondents

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Mr. S.K. Adkine, advocate for the petitioners. Mr. V.S. Dighe, AGP for respondent no. 1. Mr. D.S. Kulkarni / S.L. Kulkarni, advocate for respondent no. 2. Mr. D.N. Suryawanshi, advocate for respondent no. 3. Mr. M.R. Andhale, advocate for respondent no. 4.

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WITH

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WRIT PETITION NO. 3102 OF 2002

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Vividh Karyakari Sahakari Seva Society ltd. Khamaswadi, Tq. Kalam Dist. Osmanabad Through its Chairman Shri Sanjay s/o Vithalrao Patil age 45 years, occ. agriculture

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r/o Khamaswadi, Tq. Kallam Dist. Osmanabad. Petitioner

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Versus

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1 The Union of India

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2 General Insurance Corporation of India Maharashtra State Level Crop Insurance Cell / Department 23^rd Floor, Stock Exchange Tower, Dalal Road, Fort, Mumbai 23 Through its General Manager

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3 The State of Maharashtra Through its Principal Secretary Mantralaya, Mumbai

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4 The Osmanabad District Central Co-operative Bank Ltd., Osmanabad Through its Managing Director Respondents

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Mr. A.B. Tele, advocate for the petitioner.

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Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.L. Kulkarni, advocate for respondent no. 2. Mrs. A.V. Gondhalekar, AGP for respondent no. 3. Respondent no. 4 served.

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WITH

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WRIT PETITION NO. 5016 OF 2003

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Vividh Karyakari Sahakari Society ltd Sapnai, Tq. Kallamb, Dist. Osmanabad Through its Chairman Rajendra s/o Lalasaheb Barate

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age 46 years, occ. agri r/o Bharatewadi (Sapnai) Tq, Kallamb Dist. Osmanabad. Petitioner

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Versus

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1 Union of India Through the Secretary Ministry of Agriculture Sansad Bhavan New Delhi.

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2 The General Insurance Corporation of India Maharashtra State Level Crop Insurance Cell / Department 23^rd Floor, Stock Exchange Tower Dalal Road, Mumbai Through its General Manager

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3 The State of Maharashtra 4 Osmanabad District Central Co-operative Bank Ltd. Solapur Road, Osmanabad. Respondents

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Mr.S.S.Shinde, advocate for the petitioner. Mr.Alok Sharma, Assistant Solicitor General for Respondent No.1. Mr.S.L.Kulkarni, advocate for Respondent No.3. Mr.K.G.Patil, A.G.P. For Respondent No.3. Respondent No.4. Served.

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WITH

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WRIT PETITION NO. 975 OF 2003

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Mhassa (Khandeshwari) Vividh karyakari Sahakari Seva Society Ltd, Tq. Kalam, Dist. Osmanabad Through its Chairman Shri Subhash s/o Mahadeo Thorat age 50 years, occ. agri. & chairman r/o Mhassa (Kh) Tq. Kallam Dist. Osmanabad. Petitioner

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Versus

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1 The Union of India 2 General Insurance Corporation of India Maharashtra State Level Crop Insurance Cell / Department 23^rd Floor, Stock Exchange Tower, Dalal Road, Fort, Mumbai 23. Through its General Manager.

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3 The State of Maharashtra Through its Principal Secretary Mantralaya, Mumbai.

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4 The Osmanabad District Central Co-operative Bank Ltd., Osmanbad Through its Managing Director. Respondents

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Mr. A.B. Tele, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor Genral for repsondent no. 1. Mr. S.L. Kulkarni, advocate for respondent no. 2. Mr. S.K. Tambe, AGP for respondent no. 3. Respondent no. 4 served.

WITH

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WRIT PETITION NO. 1212 OF 2003

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Ganori Vividh Karyakari Seva Co-operative Society Ltd, At Ganori Tq. Phulambri Dist. Aurangabad Through its Chairman Dilip Deorao Tandale age 37 years, occ. agriculturist r/o Ganori, Tq. Phulambri Dist. Aurangabad. Petitioner Versus 1 The Union of India Ministry of Agricultural and Co-operation Krushi Bhavan Dr. Rajendra Prasad Road New Delhi 100 001. 2 The State of Maharashtra through the Deputy Secretary agricultural and Co-operation Mantralaya, Mumbai. 3 The Manager, General Insurance Corporation of India Maharashtra State Level Crop Insurance Cell Stock Exchange Tower, 20^th Floor East Wing, Dalal Street, Fort Mumbai 23 4 The General Manager Aurangabad District Central Co-operative Bank Dr. Rajendra Prasad Marg Aurangabad 431 005. Respondents

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Mr. A.D. Sugdare, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.K. Tambe, AGP for respondent no. 2. Mr. S.L. Kulkarni, advocate for respondent no. 3. Mr. Dilip Patil Bankar, advocate for respondent no. 4.

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WITH

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WRIT PETITION NO. 1358 OF 2003

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Pangaon Vividh Karyakari Sahkari Sanstha Maryadit, Tq. Kalam Dist. Osmanabad Through its Chairman Chavan Vithal Raghunath age 48 years, occ. agriculture r/o Pangaon, Tq. Kalam Dist. Osmanabad. Petitioner

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Versus

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1 The Union of India Through Department of National Agriculture Insurance Delhi.

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2 General Insurance Corporation of India Maharashtra State Level crop Cell 23^rd Floor, East Wing, Stock Exchange Building Dalal street, Fort, Mumbai Through its General Manager.

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3 The State of Maharashtra Through Principal Secretary Mantralaya, Mumbai.

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4 The Osmanabad District Central

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Co-operative Bank Ltd., Osmanabad

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Through its Managing Director. Respondents

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Mr. V.C. Solshe, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.L. Kulkarni, advocate for respondent no. 2. Mr. S.K. Tambe, AGP for respondent no. 3.

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WITH

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WRIT PETITION NO. 1454 OF 2003

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Uplie Vividh Karyakari Sahakari Sanstha Maryadit, Tq.Kalam Dist. Osmanabad Through its Chairman Parshu Dagdu Darade age 65 years, occ. agriculture r/o Uplie Tq. Kalam Dist. Osmanabad. Petitioner

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Versus 1 The Union of India Department of National Agriculture Insurance, Delhi. 2 General Insurance Corporation of India Maharashtra State Level Crop Cell 23^rd Floor, East Wing Stock Exchange Building Dalal Street, Fort, Mumbai Through its General Manager. 3 The State of Maharashtra

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Through Principal Secretary Mantralaya, Mumbai.

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4 The Osmanabad District Central Co-operative Bank Ltd., Osmanabad Through its Managing Director. Respondents

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Mr. V. C. Solshe, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.L. Kulkarni, advocate for respondent no. 2. Mr. S.K. Tambe, AGP for respondent no. 3. Respondent no. 4 served.

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WITH

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WRIT PETITION NO. 1460 OF 2003

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Bilda Vivid Karyakari Seva Co-operative Society Ltd at Builda, Tq. Phulambri District Aurangabad. Through its Secretary S.R. Jadhav occ. service r/o Bilda, Tq. Phulambri Dist. Aurangabad. Petitioner

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Versus 1 The Union of India Ministry of Agriculture and Co-operation Krushi Bhavan, Dr. Rajendra Prasad Road New Delhi

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2 The State of Maharashtra

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through the Deputy Secretary Agricultural and Co-operation Mantralaya, Mumbai.

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3 The Manager, General Insurance Corporation of India Maharashtra State Level crop Insurance Cell Stock Exchange Tower, 20^th Floor East Wing, Dalal Street, Fort Mumbai 23

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4 The General Manager Aurangabad District Central Co-operative Bank Dr. Rajendra Prasad Marg Aurangabad 431 005. Respondents

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Mr. A.D. Sugdare, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no.1. Mr. S.K. Tambe, AGP for respondent no.2 . Mr. S.L. Kulkarni, advocate for respondent no.3. Mr. Dilip Patil Bankar, advocate for respondent no. 4.

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WITH

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WRIT PETITION NO. 1521 OF 2003

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1 Bhaur Vividh Karyakari Sahakari Society at Bhaur, Tq. Vaijapur Dist. Aurangabad Through its Director Shri Pramod s/o Murlidhar Jagtap

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2 Shri Pramod s/o Murlidhar Jagtap age 43 years, occ. agri r/o Bhaur, Tq. Vaijapur Dist. Aurangabad.

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3 Ladgaon Vividh Karyakari Sahakari Society

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at Ladgaon, Tq. Vaijapur Dist. Aurangabad. Through its Chairman Shri Vasant s/o Changdeo Raktate.

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4 Shri Vasant s/o Changdeo Raktate age 40 years, occ. agril r/o Ladgaon, Tq. Vaijapur Dist. Aurangabad.

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5 Khandala Vividh Karyakari Sahakari Society at Khandala, Tq. Vaijapur Dist. Aurangabad. Through its Chairman Shri Narayan Gangadhar Pawar

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6 Shri Narayan Gangadhar Pawar age 65 years, occ. agri r/o Khandala, Tq. Vaijaur Dist. Aurangabad.

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7 Virgaon Vividh Karyakari Sahakari Society at Virgaon, Tq. Vaijapur Dist. Aurangabad. Through its Chairman Shri Vilas Ramdas Thorat

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8 Shri Vilas s/o Ramdas Thorat age 38 years, occ. agri r/o Virgaon, TQ. Vaijapur Dist. Aurangabad.

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9 Shivoor Vividh Karyakari Sahakari Society at Shivoor, Tq. Vaijapur Dist. Aurangabad. Through its Chairman Shri Babulal s/o Dharmachen Jain

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10	Shri Babulal s/o Darmachen Jain
	age 47 years, occ. agri r/o Shivoor, Tq. Vaijapur Dist. Aurangabad.
11	Nandgaon Vividh Karyakari Sahakari Society at Nandgaon, Tq. Vaijapur Dist. Aurangabad. Through its Chairman Shri Radhakrishna Dagdu Thot
12	Shri Radhakrishna Dagdu Thot age 40 years, occ. agri r/o Nandgaon, Tq. Vaijapur Dist. Aurangabad. Petitioners
	Versus
1	The Union of India Through its Principal Secretary Ministry of Agriculture Department of Agriculture & co-operation Krushi Bhavan New Delhi
2	The Principal Secretary Ministry of Agriculture Department of Agriculture & Co-operation, Krishi Bhavan Dr. Rajendra Prasad Marg New Delhi.
3	The State of Maharashtra Through its Principal Secretary Agriculture Department Maharashtra State Mumbai.

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4 The Principal Secretary Agriculture Department Maharashtra State Mantralaya, Mumbai. 5 The Commissioner of Agriculture Maharashtra State Pune 411001. 6 The General Insurance Corporation of India Maharashtra State Level Corp. Insurance Cell 20^th Floor, East Wing, Stock Exchange Building Dalal Street, Fort Mumbai 400023. 7 The Aurangabad District Central Co-op. Bank ltd Adalat Road, Aurangabad Dist. Aurangabad. Respondents Mr. A.M. Gaikwad, advocate for the petitioners. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.K. Tambe, AGP for respondent no. 2, 3, 4 & 5. Mr. S.L. Kulkarni, advocate for respondent no. 6. Mr. Dilip Patil Bankar, advocate for respondent no.7.

¶174

WITH

¶175

WRIT PETITION NO. 1654 OF 2002

¶176

1 Kashti Vividha karyakari Sewa Sahakari Society ltd At post Kashti, Tq. Shrigonda Dist. Ahmednagar Through its Chairman Shri Vilasrao Shivram Pachpute age 51 years, occ. agriculture

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r/o at post Kashti, Tq. Shrigonda Dist. Ahmednagar.

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2 Bhagwanrao Narayanrao Pachpute age 45 years, occ. agriculture r/o at post Kashti, Tq. Shrigonda Dist. Ahmednagar.

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3 Kaluram Baburao Mane age 49 years, occ. agriculture r/o at post Kashti, Tq. Shrigonda Dist. Ahmednagar.

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4 Bhaskarrao Rangnath Jagtap age 50 years, occ. agriculture r/o at post Kashti, Tq. Shrigonda Dist. Ahmednagar. Petitioners Versus

¶183

1 The Union of India

¶184

2 The State of Maharashtra 3 The General Insurance Corporation of India Maharashtra State level Crop Insurance Cell / Department 23^rd Floor, Stock Exchange Tower, Dalal Road, Mumbai 1

¶185

4 Ahmednagar District Central Cooperative Bank Ltd Station Road, Ahmednagar Through its Managing Director Respondents

¶186

Mr. V.D. Hon, advocate for the petitioners. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.K. Tambe, AGP for respondent no. 2.

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Mr. S.L. Kulkarni, advocate for respondent no. 3. Mr. V.P. Latange, advocate for respondent no. 4.

¶190

WITH

¶191

WRIT PETITION NO. 1807 OF 2004

¶192

Shir	asgaon Vividh Karyakari Sahakari
(Vika	s) Seva Sanstha
Shir	asgaon, Tq. Shrirampur
Dist.	Ahmednagar
Thro	ugh its Chairman
Shri	Sainath Jagannath Gavare	Petitioner
	Versus
1	Union of India Through the Principal Secretary Department of Agriculture New Delhi.
2	The State of Maharashtra Through the Principal Secretary Department of Agriculture Mantralaya, Mumbai.
3	General Insurance Corporation Maharashtra State level Crop Insurance Cell / Departmet 23^rdFloor, Stock Exchange Tower Dalal Street, Mumbai 400 032.
4	Ahmednagar District Central Co-operative Bank Ltd. Station Road, Ahmednagar
	Through its Managing Director	Respondents

¶193

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Mr. Yatin B. Game, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.K. Tambe, AGP for respondent no. 2. Mr. S.L. Kulkarni, advocate for respondent no. 3. Mr. R.N. Dhorde, advocate for respodent no. 4.

¶196

WITH

¶197

WRIT PETITION NO. 2285 OF 2005

¶198

Vividh Karyakari Seva Sahakari Society Ltd Dokewadi, Tq. Bhoom Dist. Osmanabad Through its Member Shri Bhagwat s/o Bhanudas Pawar age 50 years, occ. agriculture r/o Dokewadi, Tq. Bhoom Dist. Osmanabad. Petitioner

¶199

Versus

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1 The Union of India Through Chief Secretary Ministry of Agriculture Government of India Krishi Bhavan, New Delhi.

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2 The State of Maharashtra Through Chief Secretary Agricultural Department Mantralaya, Mumbai 32

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3 The Collector, Osmanabad

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Dist. Osmanabad.

4 The Tahsildar Tahsil Office, Bhoom Tq. Bhoom, Dist. Osmanabad.

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5 The Managing Director District Central Co-operative Bank Ltd., Osmanabad Head Office at Osmanabad.

¶208

6 The Branch Manager District Central Co-operative Bank Branch at Girwali, Tq. Bhoom Dist. Osmanabad.

¶209

7 The Regional Manager General Insurance Corporation of India Maharashtra State Level crop Insurance Cell / department 23^rd Floor, Stock Exchange Tower, Dalal Street, Fort, Mumbai 23. Respondents

¶210

Mr. V.M. Humbe, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.K. Tambe, AGP for respondent no. 2 to 4. Mr. S.L. Kulkarni, advocate for respondent no.7. Respondent nos. 5 and 6 served.

¶211

WITH

¶212

WRIT PETITION NO. 7088 OF 2004

¶213

1 Vadali Vividh Karyakari Sahakari Society Limited Vadali, At Post Vadali, Tq. Shrigonda Dist. Ahmednagar Through its Chairman Gopichand Shelar

¶214

{28}

¶215

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¶216

2 Shri Prakash Namdeo Jadhav occ. agriculturist r/o Vadali, Tq. Shrigonda Dist. Ahmednagar.

¶217

3 Shri Dada s/o Lahanu Baykar occ. agriculturist r/o Vadali, Tq. Shrigonda Dist. Ahmednagar. Petitioners Versus

¶218

1 The State of Maharashtra Through its Secretary Agriculture Department Mantralaya, Maharashtra State Mumbai 32

¶219

2 The Regional-In-Charge Agriculture Insurance Company of India Limited Regional Office Stock Exchange Building 20^th Floor, East Wing Dalal Street, Fort, Mumbai 400 023.

¶220

3 The Superintendent of Agriculture Department Ahmednagar District Ahmednagar.

¶221

4 The Taluka Agriculture Officer Shrigonda, Tq. Shrigonda Dist. Ahmednagar.

¶222

5 The Tahsildar, Shrigonda

¶223

{29}

¶224

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¶225

Tq. Shrigonda Dist. Ahmednagar.

¶226

6 The Ahmednagar District Central Co-operative Bank Limited Ahmednagar, Head Office Station Road, Ahmednagar Through its Managing Director. Respondents

¶227

Mr.N.B.Suryawanshi, advocate for petitioner. Mr.K.G.Patil, A.G.P. For Respondents No.1, 3, 4 & 5. Mr.S.L.Kulkarni, advocate for Respondent No.2. Mr.G.B.Rajale, advocate for Respondent No.6.

¶228

WITH

¶229

WRIT PETITION NO. 7250 OF 2004

¶230

1 Vividh Karyakari Seva Sahakari Society Ltd. Chinchpur (Dhage) Tq. Bhoom, Dist. Osmanabad Through its Chairman Hiralal Maroti Dhage age 40 years, occ. agril. r/o Chinchpur (Dhage), Tq. Bhoom Dist. Osmanabad.

¶231

2 Vvidh Karyakari Seva Sahakari Society Ltd. Ganegaon Tq. Bhoom, Dist. Osmanabad Through its Chairman Bahir Husen Sheikh age 43 years, occ. agril r/o Ganegaon, Tq. Bhoom Dist. Osmanabad.

¶232

{30}

¶233

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¶234

3 Vividh Karyakari Seva Sahakari Society Ltd Walwad Tq. Bhoom, Dist. Osmanabad Through its Chairman Hari Bhima Buwa age 50 years, occ. agril r/o Walwad, Tq Bhoom Dist. Osmanabad.

¶235

4 Vividh Karyakari Seva Sahakari Society Ltd. Wala Tq. Bhoom, Dist. Osmanabad Through its Chairman Arjun s/o Ajinath Shelwane age 42 years, occ. agril r/o Wala, Tq. Bhoom Dist.Osmanabad.

¶236

5 Vividh Karyakari Seva Sahakari Society Ltd. Samangaon Tq. Bhoom, Dist. Osmanabad Through its Chairman Bharat Dashrath Madane age 45 years, occ. agril r/o Samangaon, Tq. Bhoom Dist. Osmanabad.

¶237

6 Vividh Karyakari Seva Sahakari Society Ltd, Chumbali Tq. Bhoom, Dist. Osmanabad Through its Chairman Nivrutti Kishan Thorbole age 52 years, occ. agril r/o Chumbli, Tq. Bhoom Dist. Osmanabad.

¶238

7 Vividh Karyakari Seva Sahakari Society Ltd

¶239

{31}

¶240

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¶241

Hiwarda, Tq. Bhoom, Dist. Osmanabad Through its Chairman Maruti Laxman Wagh age 47 years occ. agril r/o Hiwarda, Tq. Bhoom Dist. Osmanabad.

¶242

8 Vividh Karyakari Seva Sahakari Society ltd., Patsavangi, Tq Bhoom, Dist. Osmanabad Through its Chairman Nivrutti Kachru kilmise age 55 years, occ. agril r/o Patsavangi, Tq. Bhoom Dist. Osmanabad.

¶243

.. PETITIONERS

¶244

VERSUS

¶245

1 The State of Maharashtra

¶246

2 The Commissioner Agriculture Maharashtra State, Pune.

¶247

3 Th General Manager General Insurance Corporation of India New Stock Exchange Building 23^rd Floor, Dalal Street, Mumbai.

¶248

4 The Administrative Officer General Insurance Corporation of India Jijibhoy Towers, 23^rd Floor Dalal Street, Mumbai.

¶249

5 Osmanabad District Central co-operative Bank, Osmanabad Through its Manager.

¶250

6 District Central Co-operative Bank Ltd

¶251

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¶252

{32}

¶253

Osmanabad, Branch at Walwad

¶254

Tq. Bhoom, Dist. Osmanabad.

¶255

.. RESPONDENTS

¶256

Mrs.M.A.Kulkarni, advocate for petitioners. Mr.K.G.Patil, A.G.P. For Respondents No.1 & 2. Mr.S.L.Kulkarni, advocate for Respondents No.3 & 4. Respondents No.5 & 6 served.

¶257

WITH

¶258

WRIT PETITION NO. 7350 OF 2004

¶259

Savargaon Vividh Karyakari Seva Sahakari Society ltd Post Savargaon, Tq. Tuljapur Dist. Osmanabad. Through its Chairman Shrisel s/o Vitthalrao Nakate age 43 years, occ. agril r/o Sawargaon, Tq. Tuljapur Dist. Osmanabad.

¶260

.. PETITIONER

¶261

VERSUS

¶262

1 The Union of India

¶263

2 General Insurance Corporation of India Maharashtra State Level Corporation Insurance Cell / Department, 23^rd Floor, Stock Exchange Tower, Dalal Road, Fort, Mumbai 23 Through its General Manager.

¶264

3 The State of Maharashtra Through its Principal Secretary Mantralaya, Mumbai.

¶265

{33}

¶266

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¶267

4 The Osmanabad District Central Co-operative Bank Ltd., Osmanabad Through its Manging Director. .. RESPONDENTS

¶268

Mr.R.L.Kute, advocate holding for Ms.Vaishali Patil, advocate for petitioner.

¶269

Mr.Alok Sharma, Assistant Solicitor General for Respondent No.1. Mr.S.L.Kulkarni, advocate for Respondent No.2. Mr.K.G.Patil, A.G.P. For Respondent No.3. Respondent No.4 served.

¶270

WITH

¶271

WRIT PETITION NO. 3848 OF 2004

¶272

1 Hinglajwadi Vividh Karyakari Seva Sahakari Society Ltd Hinglajwadi, Tq. & Dist. Osmanabad Through its Chairman Majid Miya Patel age 45 years, occ. agril & chairman r/o Hinglajwadi, Tq. & Dist. Osmanabad.

¶273

2 Waniwadi Vividh karkakari Seva Sahakari Society Ltd., Waniwadi Tq. & Dist. Osmanabad, Through its Chairman Shri Ramesh Uttershwar Chaware age 35 years, occ. agril r/o Waniwdi, Tq. & Dist. Osmanabad. .. PETITIONERS

¶274

VERSUS

¶275

1 The Union of India

¶276

{34}

¶277

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¶278

Through Secretary Ministry of Agriculture Department of Agriculture New Delhi.

¶279

2 The Managing Director The General Insurance Corporation of India Mumbai, Maharashtra Crops Insurance Kaksha, 23^rd Floor, Stock Exchange Towers Dalal Street, Fort Mumbai.

¶280

3 The State of Maharashtra through Secretary Revenue & Agriculture Department Mantralaya, Mumbai.

¶281

4 Manager Osmanabad District Central Co-operative Bank Ltd Solapur Road, Osmanabad. .. RESPONDENTS

¶282

Mr. M.B. Kolpe, advocate for the petitioners.

¶283

Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr S.L. Kulkarni, advocate for respondent no. 2. Mrs. A.V. Gondhalekar, AGP for respondent no. 3. Respondent no. 4 served.

¶284

WITH

¶285

WRIT PETITION NO. 3911 OF 2002

¶286

1 Pandurang s/o Vitthal Gawade age 50 years, occ. agril

¶287

2 Saradabai w/o Pandurang Gawade

¶288

{35}

¶289

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¶290

age 40 years, occ. agril.

¶291

3 Sandip s/o Pandurang Gawade age 25 years, occ. agril. All r/o Nimgaon – Bodkha Tq. Ashti, Dist. Beed. .. PETITIONERS

¶292

VERSUS

¶293

1 The State of Maharashtra

¶294

2 The Officer Inchanrge Bharatiya Sadharan Bima Nigam Maharashtra State Level Crop Insurance Cell 20^th Majala, East, Behind Stock Exchange Building Dalal Street, Fort Mumbai.

¶295

3 The Manager, Beed District Central Co-operative Bank, Beed Dist. Beed.

¶296

4 The Collector, Beed Dist. Beed.

¶297

5 The Agricultural Officer Beed, Dist. Beed. .. RESPONDENTS

¶298

Mr. D.R. Jaybhar, advocate for the petitioners. Mrs. A.V. gondhalekar, AGP for respondent nos. 1, 4 and 5. Mr. S.L. Kulkarni, advocate for respondent no. 2. Respondent no. 3 served.

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{36}

WITH

WRIT PETITION NO. 4033 OF 2004

¶303

Mulewadi Vividh Karyakari Seva Sahakari Society Ltd., Mulewadi, Tq. & Dist. Osmanabad Through its Managing Committee Member authorised by Committee Shri Tukaram s/o Vishwanath Marwadkar, age 53 years, occ. agril, r/o Mulewadi Tq. & Dist. Osmanabad.

¶304

.. PETITIONER

¶305

VERSUS

¶306

1 The Union of India Through Secretary Ministry of Agriculture Department of Agriculture New Delhi.

¶307

2 The General Manager General Insurance Corporation of India Mumbai, Maharashtra Crops Insurance Kaksha 23^rd Flor, Stock Exchange Tower Dalal Street, Fort, Mumbai.

¶308

3 The State of Maharashtra Through Secretary, Revenue & Agriculture Department Mantralaya, Mumbai.

¶309

4 The Manager Osmanabad District Central

¶310

{37}

¶311

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¶312

Co-operative Bank Ltd., Solapur Road, Osmanabad .. RESPONDENTS

¶313

Mr. M.B. Kolpe, advocate for the petitioner.

¶314

Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.L.Kulkarni, advocate for respondent no. 2. Mrs. A.V. Gondhalekar, AGP for respondent no. 3. Respondent no. 4 served.

¶315

WITH

¶316

WRIT PETITION NO. 4034 OF 2004

¶317

Kini Vividh Karyakari Seva Sahakari Society Ltd Kini, Tq. & Dist. Osmanabad Through its Chairman Shri Anil s/o Shivajirao Dandnayak age 39 years, occ. agril r/o Kini, Tq. & Dist. Osmanabad.

¶318

.. PETITIONER

¶319

VERSUS

¶320

1 The Union of India Through Secretary Ministry of Agriculture Department of Agriculture New Delhi.

¶321

2 The General Manager General Insurance Corporation of India Mumbai, \ Maharashtra Crops Insurance Kaksha 23^rd Floor, Stock Exchange Towers Dalal street, Fort,

{38}

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Mumbai.

3 The State of Maharashtra Through Secretary Revenue and Agriculture Department Mantralaya, Mumbai.

¶326

4 The Manager Osmanabad District Central Co-operative Bank Ltd., Solapur Rolad, Osmanabad. .. RESPONDENTS

¶327

Mr. M.B. Kolpe, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.L. Kulkarni, advocate for respondent no. 2. Mr. V.H. Dighe, AGP for respondent no. 3. Respondent no. 4 served.

¶328

WITH

¶329

WRIT PETITION NO. 4035 OF 2004

¶330

Waruda Vividh Karyakari Seva Sahakari Society Ltd, Waruda Tq. & Dist. Osmanabad, Through its Chairman Shri Trimbak s/o Balbhimrao Gadhave age 55 years, occ. agril

¶331

r/o Waruda, TQ. & Dist. Osmanabad.

¶332

.. PETITIONER

¶333

VERSUS

¶334

1 The Union of India Through Secretary Ministry of Agriculture Department of Agriculture

{39}

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New Delhi.

2 The General Manager General Insurance Corporation of India Mumbai Maharashtra Crops Insurance Kaksha 23^rd Floor, Stock Exchange Tower Dalal Street, Fort Mumbai.

¶339

3 The State of Maharashtra Through Secretary, Revenue & Agriculture Department Mantralaya, Mumbai.

¶340

4 The Manager Osmanabad District Central Co-operative Bank Ltd., Solapur Road, Osmanbad. .. RESPONDENTS

¶341

Mr. M.B.Kolpe, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.L. Kulkarni, advocate for respondent no. 2. Mr. V.H. Dighe, AGP for respondent no. 3. Respondent no. 4 served.

¶342

WITH

¶343

WRIT PETITION NO. 4398 OF 2002

¶344

1 Sambhaji s/o Shivaji Dhavale age 40 years, occ. agriculture

¶345

2 Sharad s/o Shivaji Dhavale age 35 years, occ. agriculture

¶346

Both r/o Rajapur, Tq. Shrigonda

¶347

{40}

¶348

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¶349

Dist. Ahmednagar. .. PETITIONERS

¶350

VERSUS

¶351

1	The State of Maharashtra
2	The Collector, Ahmednagar District Ahmednagar.
3	The Manager Ahmednagar District Central Co-operative Bank Ltd., Station Road, Ahmednagar District Ahmednagar.
4	The Officer Incharge Bhartiya Sadharan Vima Nigam Maharashtra State Level crops Insurance Cell, 20^thFloor East Wing, Stock Exchange Building Dalal street, Fort,
	Mumbai 431 023.	.. RESPONDENTS

¶352

Mr. D.R. Jaybhar, advocate for the petitioner. Mr. V.H. Dighe, AGP for respondent nos. 1 & 2. Mr. V.P. Latange, advocate for respondent no. 3. Mr. S.L. Kulkarni, advocate for respondent no. 4.

¶353

WITH

¶354

WRIT PETITION NO. 4501 OF 2003

¶355

Dhamangaon Vivid karyakari seva Co-operative Society ltd., at Dhamangaon Tq. Phulambri, Dist. Aurangabad.

¶356

{41}

¶357

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¶358

Through its Chairman Ramrao s/o Punjaba Hande age 55 years, occ. agriculturist r/o Dhamangaon, Tq. Phulambri Dist. Aurangabad.

¶359

.. PETITIONER

¶360

VERSUS

¶361

1 The Union of India Ministry of Agricultural and Co-operation Krushi Bhavan Dr. rajendra Prasad Road New Delhi.

¶362

2 The State of Maharashtra through the Deputy Secretary Agricultural and Co-operation department Mantralaya, Mumbai

¶363

3 The Manager General Insurance Corporation of India Maharashtra State Level Crop Insurance Cell Stock Exchange Towers, 20^th Floor East Wing, Dalal Street, Fort Mumbai 23.

¶364

4 The General Manager Aurangabad District Central Co-operative Bank Dr. Rajendra Prasad Marg Aurangabad. 431 005. .. RESPONDENTS

¶365

Mr. A.D. Sugdare, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. V.H. Dighe, AGP for respondent no. 2. Mr. S.L. Kulkarni, advocate for respondent no. 3. Mr. R.N. Dhorde, advocate for respondent no. 4.

{42}

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WITH

WRIT PETITION NO. 4546 OF 2003

¶370

Vividh Karyakari Sahakari Sanstha Maryadit at Tandulwadi, Tq. Kalamb Dist. Osmanabad Through its Director Shri Shamrao /so Bapurao Dikle age 52 years, occ. agril r/o Tandulwadi, Tq. Kalamb Dist. Osmanabad. .. PETITIONER

¶371

VERSUS

¶372

1 The Union of India Principal Secretary Agricultural Development Department

¶373

2 General Insurance Corporation of India Maharashtra State level crop Cell 23^rd Floor, East Wing, Stock Exchange Building, Dalal Street Fort, Mumbai Through its General Manager.

¶374

3 The State of Maharashtra Through Principal Secretary Mantralaya, Mumbai.

¶375

4 The Osmanabad District Central Co-operative Bank Ltd., Osmanabad Through its Managing Director. .. RESPONDENTS

¶376

{43}

¶377

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¶378

Mr. N.P. Patil, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.L. Kulkarni, advocate for respondent no. 2. Mr. V.H. Dighe, AGP for respondent no. 3.

¶379

WITH

¶380

WRIT PETITION NO. 4554 OF 2003

¶381

Vividh Karyakari Seva Sahakari Sanstha Satala (Bk) Through its Chairman Shri Sagar /so Kashinathrao Ashture age 50 years, occ. agril. r/o Satala, Tq. Udgir Dist. Latur.

¶382

.. PETITIONER

¶383

VERSUS

¶384

1 General Insurance Corporation of India Maharashtra State Level Crop Cell 23^rd Floor, East Wing, Stock Exchange Building Dalal Street, Fort, Mumbai. Through its General Manager.

¶385

2 The State of Maharashtra Through Principal Secretary Mantralaya, Mumbai.

¶386

3 The Latur District Central co-operative Bank Ltd., Latur Through its Managing Director

¶387

4 The Union of India .. RESPONDENTS

¶388

{44}

¶389

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¶390

Mr. N.P.Patil, advocate for petitioner. Mr. S.L.Kulkarni, advocate for Respondent No.1. Mr.V.H.Dighe, A.G.P. For Respondent No.2. Mr.Alok Sharma, Assistant Solicitor General for Respondent No.4. Respondent No.3 served.

¶391

WITH

¶392

WRIT PETITION NO. 4709 OF 2003

¶393

Pimpalgaon Valan Vividh karyakari Seva Co-operative Society ltd, At Pimpalgaon Valan Tq. Phulambri, Dist. Aurangabad through its Secetary (Gat Sachiv) Bhimrao s/o Namdeo Chavan age 43 years, occ. service r/o Phulambri, Tq. Phulambri Dist. Aurangabad. .. PETITIONER

¶394

VERSUS

¶395

1 The Union of India Ministry of Agricultural and Co-operation krushi Bhavan Dr. Rajendra Prasad Raod New Delhi.

¶396

2 The State of Maharashtra through the Deputy Secretary Agricultural and Co-operation dept Mantralaya, Mumbai.

¶397

3 The Manager

¶398

{45}

¶399

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¶400

General Insurance Corporation of India Maharashtra State Level Crop Insurance Cell Stock Exchange Towers, 20^th Floor East Wing, Dalal Street, Fort, Mumbai 23

¶401

4 The General Manager Aurangabad District Central Co-operative Bank Dr. Rajendra Prasad Marg Aurangabad 431 005. .. RESPONDENTS

¶402

Mr.A.D.Sugdare, advocate for petitioner.

¶403

Mr.Alok Sharma, Assistant Solicitor General for Respondent No.1. Mr.V.H.Dighe, A.G.P. For Respondent No.2. Mr.S.L.Kulkarni, advocate for Respondent No.3. Mr.R.N.Dhorde, advocate for Respondent No.4.

¶404

WITH

¶405

WRIT PETITION NO. 4710 OF 2003

¶406

Sanjul Vivid Karyakari Seva Co-operative Society Ltd. At Sanjul Tq. Phulambri, Dist. Aurangabad Through its Secretary (Gat Sachiv) Sanjay s/o Raosaheb Kulkarni age 32 years, occ. service r/o Sanjul, Tq. Phulambri Dist. Aurangabad. .. PETITIONER

¶407

VERSUS

¶408

1 The Union of India Ministry of Agricultural and Co-operation krushi Bhavan

¶409

{46}

¶410

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¶411

Dr. Rajendra Prasad Raod New Delhi.

¶412

2 The State of Maharashtra through the Deputy Secretary Agricultural and Co-operation dept Mantralaya, Mumbai.

¶413

3 The Manager General Insurance Corporation of India Maharashtra State Level Crop Insurance Cell Stock Exchange Towers, 20^th Floor East Wing, Dalal Street, Fort, Mumbai 23 4 The General Manager Aurangabad District Central Co-operative Bank Dr. Rajendra Prasad Marg Aurangabad 431 005. .. RESPONDENTS

¶414

Mr.A.D.Sugdare, advocate for petitioner. Mr.Alok Sharma, Assistant Solicitor General for Respondent No.1. Mr.V.H.Dighe, A.G.P. For Respondent No.2. Mr.S.L.Kulkarni, advocate for Respondent No.3. Mr.R.N.Dhorde, advocate for Respondent No.4.

¶415

WITH

¶416

WRIT PETITION NO. 5014 OF 2003

¶417

Vividh Karyakari Sahakari Society Ltd Babhalgaon Tq. Kallamb, Dist. Osmanabad Through its Chairman Narayan Vithalrao Waghmare

¶418

{47}

¶419

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¶420

age 40 years, occ. agriculture r/o Babhalgaon, TQ. Kallamb Dist. Osmanabad.

¶421

.. PETITIONER

¶422

VERSUS

¶423

1 Union of India Through the Secretary Ministry of Agriculture Sansad Bhavan Marg New Delhi.

¶424

2 The General Insurance Corporation of India Maharashtra State Level Crop Insurance Cell / Department 23^rd Floor, Stock Exchange Tower, Dalal Road, Mumbai, Through its General Manager.

¶425

3 The State of Maharashtra

¶426

4 Osmanabad District Central Co-operative Bank Ltd Solapur road, Osmanabad.

¶427

.. RESPONDENTS

¶428

Mr.S.S.Shinde, advocate for the petitioner.

¶429

Mr.Alok Sharma, Assistant Solicitor General for Respondent No.1. Mr.S.L.Kulkarni, advocate for Respondent No.2. Mr.K.G.Patil, A.G.P. For Respondent No.3. Respondent No.4 served.

¶430

WRIT PETITION NO. 911 OF 2004

¶431

Vividh Karyakari Seva Sahakari Society, Ltd. Terkheda, Tq.Washi, District Osmanabad, through its Chairman, Shri Baburao s/o Bappaji Ghule, age: 42 years, Occ: Agril.,

¶432

{48}

¶433

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¶434

R/o Terkheda, Tq. Washi, District Osmanabad.

¶435

Petitioner

¶436

Versus

¶437

1 The State of Maharashtra. through Government of Maharashtra, Agriculture, Animal Husbandry, Dairy Development & Fisheries Department, Mantralaya, Mumbai.

¶438

2 The Commissioner, Agriculture, Maharashtra State, Pune. 3 The General Manager, General Insurance Corporation of India, New Stock Exchange Building, 23^rd Floor, Dalal Street, Mumbai.

¶439

4 The Administrative Officer, General Insurance Corporation of India, Jijibhoy Towers, 23^rd floor, Dalal Street, Mumbai. Respondents

¶440

Mrs. M.A.Kulkarni, advocate for petitioner Mr. K.G. Patil, A.G.P. for respondents no.1 & 2. Mr.S.L. Kulkarni, Assistant Solicitor General for Respondents No.3 & 4.

¶441

WITH

¶442

WRIT PETITION NO. 5851 OF 2004

¶443

{49}

¶444

wp97304.odt

¶445

1 Yarmala Vividh Karyakari Sahakari Sanstha Maryadit,, Tq. Kalam,, District Osmanabad, through its Chairman, Ramkrishna Babruwan Barkul, age: 42 years, Occ: Agril., R/o Yarmala, Tq. Kalam, District Osmanabad. Petitioner

¶446

Versus 1 The Union of India 2 The General Insurance Corporation of India, Maharashtra State, Level Crop Cell, 23^rd Floor, East Wing, Stock Exchange Building, Dalal Street, Fort, Mumbai, through its General Manager. 3 The State of Maharashtra. through Principal Secretary, Mantralaya, Mumbai. 4 The Osmanabad District Central Co-operative Bank Ltd., Osmanabad, through its Managing Director. Respondents

¶447

Mr.V.C.Solshe, advocate for petitioner

¶448

Mr.Alok Sharma, Assistant Solicitor General for Respondents No.1 & 2. Mr.K.G.Patil, A.G.P. for Respondent No.3. Respondent No.4 served.

¶449

WITH

¶450

WRIT PETITION NO.7085 OF 2004

¶451

{50}

¶452

wp97304.odt

¶453

1 Surodi Vividh Karyakari Seva Society Ltd., at Surodi, Post Wadal, Tal. Shrigonda, District Ahmednagar, through its Chairman Jaising Lahanu Wagaskar, age: 50 years, Occ: Agriculture, R/o Surodi, Post: Wadali, Tal. Shrigonda, District Ahmednagar.

¶454

2 Baban Kushaba Kandekar, age: years, Occ: Agriculture, R/o At Surodi, Post Wadal, Tal. Shrigonda, District Ahmednagar.

¶455

3 Vilas Laxman Wagaskar, age: years, Occ: Agriculture, R/o At Surodi, Post: Wadal, Tal.: Shrigonda, District Ahmednagar.

¶456

Petitioners

¶457

Versus

¶458

1 The State of Maharashtra, through its Secretary, Agriculture Department, Maharashtra State, Mantralaya, Mumbai 400 032.

¶459

2 The District Superintending Agriculture Officer, Boat Type House, Nagar – Aurangabad Road, Ahmednagar.

¶460

3 The Taluka Agriculture Officer,

¶461

{51}

¶462

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¶463

Shrigonda, Taluka Shrigonda, District Ahmednagar.

¶464

4 Tahsildar, Shrigonda, Taluka Shrigonda, District Ahmednagar. 5 The Regional Incharge, Agriculture Insurance Company of India Ltd., Regional Office, Stock Exchange Building, 20^th Floor, East Wing, Dalal Street, Fort, Mumbai 400 023.

¶465

6 The Ahmednagar District Central Cooperative Bank Ltd., Ahmednagar. Respondents

¶466

Mr.N.B.Suryawanshi, advocate for petitioners. Mr.K.G.Patil, A.G.P. For Respondents No.1 to 4. Mr.S.L.Kulkarni, advocate for Respondent No.5. Mr.G.B.Rajale, advocate for Respondent No.6.

¶467

WITH

¶468

WRIT PETITION NO. 49 OF 2003

¶469

Vividh Karyakari Sahakari Seva Society Ltd., Gaurgaon, Taluka Kalam, District Osmanabad, through its Chairman, Shri Atmaram s/o Gyanoba Sapkal, age: 48 years, Occ: Agriculture, R/o Gawargaon, Taluka Kallam, District Osmanabad. Petitioner

Versus

{52}

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1 The Union of India.

¶474

2 General Insurance Corporation of India, Maharashtra State Level Crop Insurance Cell/ Department, 23^rd Floor, Stock Exchange Tower, Dalal Road, Fort, Mumbai-23, through its General Manager.

¶475

3 The State of Maharashtra, through its Principal Secretary, Mantralaya, Mumbai.

¶476

4 The Osmanabad District Central Co-operative Bank Ltd., Osmanabad, through its Managing Director.

¶477

Respondents

¶478

Mr.A.B.Tele, advocate for the petitioner. Mr.Alok Sharma, Assistant Solicitor General for Respondent No.1 Mr. S.L. Kulkarni, advocate respondent no.2. Mr.V.H. Dighe, A.G.P. For Respondent No.3. Respondent no. 4 served.

¶479

WITH

¶480

WRIT PETITION NO.644 OF 2004

¶481

Moha Vividh Karyakari Seva Sahakari Society Ltd., Moha, Tq. Kallamb, District Osmanabad, through its Chairman - Madhukar s/o Uttamrao Madke, age: 48 years, Occ: Chairman of Moha V.K.S.S., Moha, R/o Moha, Tq. Kallamb, Dist. Osmanabad.

Petitioner

{53}

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Versus

1 The State of Maharashtra.

¶487

2 The Union of India.

¶488

3 The General Insurance Corporation of India, Maharashtra State Level Crop Ins. Cell, 23^rd Floor, East Wing, Stock Exchange Building, Dalal Street, Fort, Mumbai-400 023. Respondents

¶489

Mr. S.B. Bhapkar, advocate for the petitioner. Mr. S.L. Kulkarni, advocate for respondent no. 3. Mr. V.H. Dighe, AGP for respondent no. 1. Mr. Alok Sharma, standing counsel for respondent no. 2.

¶490

WITH

¶491

WRIT PETITION NO.704 OF 2003

¶492

Varegaon Vishal Vivid Karyakari Seva Sahakari Society Ltd., Varegaon, Tq. & Dist. Aurangabad, At present Tq. Phulambari, District Aurangabad, through its Chairman Panditrao s/o Uttamrao Jadhav, age: 50 years, Occ: Agri., R/o Varegaon, Tq.Phulambari, Dist.Aurangabad. Petitioner

¶493

Versus

¶494

1 The State of Maharashtra, through its Deputy Secretary, Agricultural Department, Mantralaya, Mumbai-32.

¶495

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¶496

{54}

¶497

2 Union of India, through its Joint Secretary, Ministry of Agricultural Department and Cooperation, Krishi Bhavan, Dr.Rajendra Prasad Road, New Delhi 110 001.

¶498

3 General Insurance Corporation of India, Maharashtra State Level Crop Insurance Cell, Stock Exchange Towers, 20^th Floor, East Wing, Dalal Street, Fort, Mumbai 400 023.

¶499

4 Aurangabad District Central Co-operative Bank Ltd., Dr.Rajendra Prasad Marg, Aurangabad, through its General Manager. Respondents

¶500

Mr.R.T.Nagargoje, advocate for the petitioner. Mr.V.H. Dighe, A.G.P. For Respondent No.1. Mr.Alok Sharma, Assistant Solicitor General, for Respondent No.2 Mr. S.L. Kulkarni, advocate for respondent no. 3. Mr. Dilip Patil Bankar, advocate for respondent no. 4.

¶501

WITH

¶502

WRIT PETITION NO.755 OF 2004

¶503

Nandra Vivid Karyakari Seva Co-operative Society Ltd., at Nandra, Taluka Phulambri, District Aurangabad, through its Secretary (Gat Sachiv), Baburao Laxmanrao Kale, age: 53 years, Occ: Service,

¶504

{55}

¶505

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¶506

R/o Pimpalgoan Gengadeo, Taluka Phulambri, Dist.Aurangabad.

¶507

Petitioner

¶508

Versus

¶509

1 The Union of India, Ministry of Agricultural and Co-operation, Krushi Bhavan, Dr.Rajendra Prasad Road, New Delhi – 110 001.

¶510

2 The State of Maharashtra, through the Deputy Secretary, Agricultural and Co-operation Department, Mantralaya, Mumbai.

¶511

3 The Manager, General Insurance Corporation of India, Maharashtra State Level Crop. Insurance Cell, Stock Exchange Towers, 20^th Floor, East Wing, Dalal Street, Fort, Mumbai-23.

¶512

4 The General Manager, Aurangabad District Central Co-operative Bank, Dr.Rajendra Prasad Marg, Aurangabad 431 005.

¶513

Respondents

¶514

Mr. A.D. Sugdare, advocate for the petitioner.

¶515

Mr. Alok Sharma, Assistant Solicitor General, for respondent no. 1. Mr. V.H. Dighe, AGP for respondent no.2 . Mr. S.L. Kulkarni, advocate for respondent no. 3.

WITH

{56}

wp97304.odt

WRIT PETITION NO.870 OF 2004

¶520

Vividh Karyakari Seva Sahakari Society Maryadit, Indapur, Tq.Washi, District Osmanabad, through its Chairman Vishnu s/o Dattatraya Parde, age: 42 years, Occ: Agriculture, R/o Indapur, Tq.Washi, District Osmanabad. Petitioner

¶521

Versus

¶522

1 The State of Maharashtra.

¶523

2 The Commissioner, Agriculture, Maharashtra State, Pune.

¶524

3 The General Manager, General Insurance Corporation of India, New Stock Exchange Building, 23^rd Floor, Dalal Street, Mumbai.

¶525

4 The administrative Officer, General Insurance Corporation of India, Jijabhoy Towers, 23^rd floor, Dalal Street, Mumbai. Respondents

¶526

Mrs. M.A. Kulkarni, advocate for the petitioner. Mr. V.H. Dighe, AGP for respodent nos. 1 and 2. Mr. S.L.Kulkarni, advocate for respondent nos. 3 and 4.

¶527

WITH

¶528

WRIT PETITION NO.871 OF 2003

¶529

{57}

¶530

wp97304.odt

¶531

Kingaon Vishal Vivid Karyakari Seva Sahakari Society Ltd., Kingaon, Tq. & Dist. Aurangabad, at present Tq. Phulambari, District Aurangabad, through its Vice Chairman – Devnath s/o Bhikaji Sonawane, age: 42 years, Occ: Agril., R/o Kingaon, Tq. Phulambari, District Aurangabad.

¶532

Petitioner

¶533

Versus

¶534

1 The State of Maharashtra, through its Deputy Secretary, Agricultural Department, Mantralaya, Mumbai-32.

¶535

2 Union of India, through its Joint Secretary, Ministry of Agricultural Department of Agricultural and Cooperation, Krushi Bhavan, Dr.Rajendra Prasad Road, New Delhi 110 001.

¶536

3 General Insurance Corporation of India, Maharashtra State Level Crop Insurance Cell, Stock Exchange Towers, 20^th floor, East Wing, Dalal Street, Fort, Mumbai-400 023.

¶537

4 Aurangabad District Central Co-operative Bank Ltd., Dr.Rajendra Prasad Marg, Aurangabad, through its

wp97304.odt

{58}

General Manager.

Respondents

Mr.R.T.Nagargoje, advocate for the petitioner. Mr. V.H. Dighe, AGP for respondent no. 1. Mr. S.L.Kulkarni, advocate for respondent no.3. Mr. Dilip Patil Bankar, advocate for respondent no. 4. Mr. Alok Sharm, Assistant Solicitor General for respondent no. 2.

¶543

WITH

¶544

WRIT PETITION NO.875 OF 2003

¶545

Jategaon Vivid Karyakari Seva Co-operative Society Ltd., at Jategaon, Taluka Phulambri, Dist.Aurangabad, through its Chairman Namdeorao Sandu Mankape, age: 51 years, Occ: Agriculturist, R/o Jategaon, Taluka Phulambri, Dist.Aurangabad. Petitioner

¶546

Versus

¶547

1 The Union of India, Ministry of Agricultural and Co-operation, Krushi Bhavan, Dr.Rajendra Prasad Road, New Delhi – 110 001.

¶548

2 The State of Maharashtra, through the Deputy Secretary, Agricultural and Co-operation, Mantralaya, Mumbai.

¶549

3 The Manager, General Insurance Corporation of India, Maharashtra State Level Crop. Insurance Cell, Stock Exchange Towers,

¶550

{59}

¶551

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¶552

20^th Floor, East Wing, Dalal Street, Fort, Mumbai-23.

¶553

4 The General Manager, Aurangabad District Central Co-operative Bank, Dr.Rajendra Prasad Marg, Aurangabad 431 005.

¶554

Respondents

¶555

Mr. A.D. Sugdare, advocate for petitioner. Mr. Alok Sharma, Assistant Solicitor general for respondent no. 1. Mr. K.G. Patil, AGP for respondent no. 2. Mr. S.L. Kulkarni, advocate for respondent no. 3. Mr. Dilip Patil Bankar, advocate for respondent no. 4.

¶556

WITH

¶557

WRIT PETITION NO.878 OF 2003

¶558

Mushirabad Wadi Vivid Karyakari Seva Co-operative Society Ltd., at Builda, Taluka Phulambri, Dist.Aurangabad, through its Secretary S.R.Jadhav, age: 31 years, Occ: Service, R/o Builda, Taluka Phulambri, Dist.Aurangabad. Petitioner

¶559

Versus

¶560

1 The Union of India, Ministry of Agricultural and Co-operation, Krushi Bhavan, Dr.Rajendra Prasad Road, New Delhi – 110 001.

¶561

2 The State of Maharashtra, through the Deputy Secretary, Agricultural and Co-operation,

{60}

wp97304.odt

Mantralaya, Mumbai.

3 The Manager, General Insurance Corporation of India, Maharashtra State Level Crop. Insurance Cell, Stock Exchange Towers, 20^th Floor, East Wing, Dalal Street, Fort, Mumbai-23.

¶566

4 The General Manager, Aurangabad District Central Co-operative Bank, Dr.Rajendra Prasad Marg, Aurangabad 431 005.

¶567

Respondents

¶568

Mr. A.D. Sugdare, advocate for petitioner.

¶569

Mr. Alok Sharma, Assistant Solicitor general for respondent no. 1. Mr. K.G. Patil, AGP for respondent no. 2. Mr. S.L. Kulkarni, advocate for respondent no. 3. Mr. Dilip Patil Bankar, advocate for respondent no. 4.

¶570

WITH

¶571

WRIT PETITION NO.884 OF 2003

¶572

Chincholi Bk.Vivid Karyakari Seva Co-operative Society Ltd., at Chincholi, Taluka Phulambri, Dist.Aurangabad, through its Secretary (Gat Sachiv) Sanjay s/o Raosaheb Kulkarni, age: 32 years,Occ: Service, R/o Sanjul, Taluka Phulambri, Dist.Aurangabad.

¶573

Petitioner

¶574

Versus

¶575

1 The Union of India,

¶576

Ministry of Agricultural and

¶577

{61}

¶578

wp97304.odt

¶579

Co-operation, Krushi Bhavan, Dr.Rajendra Prasad Road, New Delhi – 110 001.

¶580

2 The State of Maharashtra, through the Deputy Secretary, Agricultural and Co-operation, Mantralaya, Mumbai.

¶581

3 The Manager, General Insurance Corporation of India, Maharashtra State Level Crop. Insurance Cell, Stock Exchange Towers, 20^th Floor, East Wing, Dalal Street, Fort, Mumbai-23.

¶582

4 The General Manager, Aurangabad District Central Co-operative Bank, Dr.Rajendra Prasad Marg, Aurangabad 431 005.

¶583

Respondents

¶584

Mr. A.D. Sugdare, advocate for petitioner.

¶585

¶586

WITH

¶587

WRIT PETITION NO.886 OF 2003

¶588

Phulambri Vishal Vivid Karyakari Seva Society Ltd., Phulambri, R/o Phulambri, Taluka Phulambri, Dist.Aurangabad, through its Chairman Advocate

¶589

{62}

¶590

wp97304.odt

¶591

Trimbakrao s/o Ganpatrao Sirsat, age: 55 years,Occ: Agriculturist, R/o Phulambri, Taluka Phulambri, Dist.Aurangabad.

¶592

Petitioner

¶593

Versus

¶594

1 The Union of India, Ministry of Agricultural and Co-operation, Krushi Bhavan, Dr.Rajendra Prasad Road, New Delhi – 110 001.

¶595

2 The State of Maharashtra, through the Deputy Secretary, Agricultural and Co-operation, Mantralaya, Mumbai.

¶596

3 The Commissioner of Agricultural, Government of Maharashtra, Central Building, Railway Station, Pune.

¶597

4 The Collector, District Aurangabad.

¶598

5 The Manager, General Insurance Corporation of India, Maharashtra State Level Crop. Insurance Cell, Stock Exchange Towers, 20^th Floor, East Wing, Dalal Street, Fort, Mumbai-23.

¶599

6 The Managing Director, Aurangabad District Central Co-operative Bank,

¶600

{63}

¶601

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¶602

Dr.Rajendra Prasad Marg, Aurangabad 431 005. Respondents

¶603

Mr. A.D. Sugdare, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. K.G. Patil, AGP for respondent nos. 2, 3 and 4. Mr. S.L. Kulkarni, advocate for respondent no.5 . Mr. Dilip Patil Bankar, advocate for respondent no. 6.

¶604

WITH

¶605

WRIT PETITION NO.7351 OF 2004

¶606

Kangara Vividh Karyakari Sahakari Society Ltd., Kangara, Tq.Osmanabad, Dist.Osmanabad, through its Chairman Gajendra s/o Manik Ingale, age: 58 years, Occ: Chairman & Agril., R/o At Post Kangara, Tq. & Dist.Osmanabad. Petitioner

¶607

Versus

¶608

1 Union of India, through the Ministry and Agriculture, Sansad Bhavan Arge, New Delhi.

¶609

2 The General Insurance Corporation of India Ltd., Maharashtra State Level Crop Insurance Cell / Department, 23^rd Floor, Stock Exchange Tower, Dalal Road, Fort, Mumbai-23, through its General Manager.

¶610

3 The State of Maharashtra,

¶611

{64}

¶612

wp97304.odt

¶613

Revenue Department, Mantralaya, Mumbai.

¶614

4 Osmanabad District Central Co-operative Bank Ltd., Solapur Road, Osmanabad.

¶615

Respondents

¶616

Mr.V.B.Ingle, advocate for petitioner. Mr.Alok Sharma, Assistant Solicitor General for Respondent No.1. Mr.S.L.Kulkarni, advocate for Respondent No.2. Mrs.A.V.Gondhalekar, A.G.P. For Respondent No.3. Respondent No.4 served.

¶617

WITH

¶618

WRIT PETITION NO.7354 OF 2004

¶619

Vividh Karyakari Sahakari Society Ltd, Khumbhari, Tq.Tuljapur, Dist.Osmanabad, through its Secretary, Mahavir s/o Bhalchandra Tambe, age: 40 years, Occ: Service, R/o Khumbhari, Tq.Tuljapur, District Osmanabad.

¶620

Petitioner

¶621

Versus

¶622

1 Union of India, through the Secretary, Ministry and Agriculture, Sansad Bhavan Arge, New Delhi.

¶623

2 The General Insurance Corporation of India Ltd., Maharashtra State Level Crop Insurance Cell/Department,

¶624

{65}

¶625

wp97304.odt

¶626

23^rd Floor, Stock Exchange Tower, Dalal Road, For, Mumbai, through its General Manager.

¶627

3 The State of Maharashtra, Revenue Department, Mantralaya, Mumbai.

¶628

4 Osmanabad District Central Co-operative Bank Ltd., Solapur Road, Osmanabad. Respondents

¶629

¶630

WITH

¶631

WRIT PETITION NO.7684 OF 2006

¶632

1 Mandavgan Vividh Karyakari Seva Sahakari Society, Mandavagan, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Bhagchand s/o Pandharinath Khendke.

¶633

2 Bhagchand s/o Pandharinath Khendke, age: 38 years, Occ: Agril., R/o Mandavgan, Tq.Shrigonda, District Ahmednagar.

¶634

3 Anil s/o Ramrao Deshmukh, age: 42 years, Occ: Agril., R/o Mandavgan, Tq. Shrigonda, District Ahmednagar.

¶635

{66}

¶636

wp97304.odt

¶637

4 Kamthi Vividh Karyakari Seva Sahakari Society Kamthi, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Mohan Bapu Shinde.

¶638

5 Pisorekhand Vividh Karyakari Seva Sahakari Society, Pisorekhand, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Bansi Narayan Thorat.

¶639

6 Bhangaon Vividh Karyakari Seva Sahakari Society, Bhangaon, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Ashok Dhondibhau Shitole.

¶640

7 Kashivishwanath (Dhorja) Vividh Karyakari Seva Sahakari Society, Dhorja, Tq.Shrigonda, District Ahmednagar, through its Chairman Raosaheb Dada Wani.

¶641

8 Khandgaon Vividh Karyakari Seva Sahakari Society, Khandgaon, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Natha Bayaji Dhawale.

¶642

9 Ruikhel Vividh Karyakari Seva Sahakari Society, Ruikhel, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Dagdu Bapu Mandole.

¶643

10 Ghogargaon Vividh Karyakari Seva

¶644

{67}

¶645

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¶646

Sahakari Society, Ghogargaon, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Sau.Latabai Uttam Borude.

¶647

11 Banpimpri Vividh Karyakari Seva Sahakri Society, Banpimpri, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman Shri Baban Jabaji Pathare.

¶648

12 Bangarde Vividh Karyakari Seva Sahakari Society, Bangarde, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman Shri Namdeo Sonba Shelke.

¶649

13 Koregaon Vividh Karyakari Seva Sahakari Society Koregaon, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Kundlik Balasaheb Bhopte.

¶650

14 Chikhali Vividh Karyakari Seva Sahakari Society, Chikhali, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Baban Nath Zende.

¶651

15 Kolgaon Vividh Karyakari Seva Sahakari Society, Kolgaon, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Hemant Bhaskarrao Nalge.

¶652

16 Kothul Vividh

¶653

Karyakari Seva Sahakari Society, Kotul, Tq.Shrigonda, District

¶654

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¶655

{68}

¶656

Ahmednagar, through its Chairman Subhash Bapurao Late.

¶657

17 Suregaon-Ghutewadi Vividh Karyakari Seva Sahakari Society, Suregaon, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Shri Kacharu Kashinath Ghute.

¶658

18 Thitesangvi Vividh Karyakari Seva Sahakari Society, Thitesangvi, Tq.Shrigonda, Dist.Ahmednagar, through its Chairman, Pandurang Bhagwan Ugale.

¶659

19 Taradgavan Vividh Karyakari Seva Sahakari Society, Taradgavan, Tq.Shrigonda, Dist. Ahmednagar, through its Chairman, Shri Rupchand Yashwant Berad.

¶660

Petitioners

¶661

Versus

¶662

1 The Union of India.

¶663

2 The Principal Secretary, Ministry of Agriculture, Department of Agriculture & Co-operation, Krishi Bhavan, Dr.Rajendra Prasad Marg, New Delhi.

¶664

3 The State of Maharashtra.

¶665

4 The Principal Secretary, Agriculture Department, Maharashtra State, Mantralaya, Mumbai-21.

¶666

{69}

¶667

wp97304.odt

¶668

5 The Commissioner, Maharashtra State, Pune-411 001.

¶669

6 The General Insurance Corporation of India, Maharashtra State Level Corporation, Insurance Cell, 20^th Floor, East Wing, Stock Exchange Building, Dalal Street, Fort, Mumbai-400 023 (Notice to be served on Managing Director).

¶670

7 The Ahmednagar District Central Co-operative Bank Ltd., Ahmednagar, (Notice to be served on the Managing Director).

¶671

Respondents

¶672

Mr.N.V.Gavare & Mr.S.S.Deshmukh, advocates for petitioners. Mr.Alok Sharma, Assistant Solicitor General for Respondents No.1 & 2.

¶673

Mrs,A.V.Gondhalekar, A.G.P. For Respondents No.3 to 5. Mr.S.L.Kulkarni, advocate for Respondent No.6. Mr.V.R.Dhorde, advocate for Respondent No.7.

¶674

WITH

¶675

WRIT PETITION NO.2286 OF 2005

¶676

Vividh Karyakari Seva Sahakari Society Ltd., Ieet, Tq.Bhoom, District Osmanabad, through its Secretary Shri Gorakh s/o Kundlik Kawale, age: 53 years, Occ: Service, R/o Ieet, Tq.Bhoom, District Osmanabad. Petitioner

Versus

{70}

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1 The Union of India, through Chief Secretary, Ministry of Agricultural Government of India, Krishi Bhavan, New Delhi.

¶681

2 The State of Maharashtra, through Chief Secretary, Agricultural Department, Mantralaya, Mumbai-32.

¶682

3 The Collector, Osmanabad, District Osmanabad.

¶683

4 The Tahsildar, Tahsil Office, Bhoom, Tq.Bhoom, Dist.Osmanabad.

¶684

5 The Managing Director, District Central Co-operative Bank Ltd., Osmanabad, Head Office at Osmanabad.

¶685

6 The Branch Manager, District Central Co-operative Bank, Branch at Ieet, Tq.Bhoom, District Osmanabad.

¶686

7 The Regional Manager, General Insurance Corporation of India, Maharashtra State Level Crop Insurance Department, 23^rd Floor, Stock Exchange Tower, Dalal Street, Fort, Mumbai-23.

¶687

Respondents

¶688

Mr. V.M. Humbe, advocate for the petitioner.

¶689

Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1.

¶690

{71}

¶691

wp97304.odt

¶692

Mrs. A.v.Gondhalekar, AGP for respondent nos. 2 to 4. Mr. S.L. Kulkarni, advocate for respondent no. 7. Respondent nos. 5 and 6 served.

¶693

WITH

¶694

WRIT PETITION NO.2418 OF 2003

¶695

Vividh Karyakari Sahakari Society Ltd., Yevti, Tq.Tuljapur, Dist.Osmanabad, through its Chairman - Anil s/o Sidram Shinde, age: 42 years, Occ: Agril., R/o Yevti, Tq.Tuljapur, District Osmanabad. Petitioner

¶696

Versus

¶697

1 Union of India, through Secretary, Ministry of Agriculture, Sansad Bhavan Marg, New Delhi.

¶698

2 The General Insurance Corporation of India Ltd., Maharashtra State Level Crop Insurance Cell/Department, 23^rd Floor, Stock Exchange Tower, Dalal Road, Mumbai, through its General Manager.

¶699

3 The State of Maharashtra,

¶700

Rural & Agriculture Department, Mantralaya, Mumbai.

¶701

4 Osmanabad District Central Co-operative Bank Ltd., Solapur Road, Osmanabad.

Respondents

{72}

wp97304.odt

Mr. K.J. Ghute Patil, advocate for the petitioner. Mr. Alok Shrma, Assistant Solicitor General for respondent no. 1. Mrs. A.V. Gondhalekar, AGP for respondent no.3 Mr. S.L. Kulkarni, advocate for respondent no. 2. Respondent no. 4. served.

¶706

WITH

¶707

WRIT PETITION NO.2481 OF 2003

¶708

Ekurka Vividh Karyakari Seva Sahakari Society Ltd., Taluka Kalam, District Osmanabad, through its Chairman Shri Haribhau Bhagwanrao Ghogre, age: 55 years, Occ: Agri. & Chairman, R/o Ekurka, Taluka Kallam, District Osmanabad. Petitioner

¶709

Versus

¶710

1 The Union of India, through Secretary, Ministry of Agricultural Affairs, New Delhi.

¶711

2 General Insurance Corporation of India, Maharashtra State Level Crop Insurance Cell/ Department, 23^rd Floor, Stock Exchange Tower, Dalal Road, Fort, Mumbai-23, through its General Manager.

¶712

3 The State of Maharashtra, through its Principal Secretary, (Agricultural Department), Mantralaya, Mumbai.

¶713

{73}

¶714

wp97304.odt

¶715

4 The Osmanabad District Central Co-operative Bank Ltd., Osmanabad, through its Managing Director. Respondents

¶716

Mr. A.B. Tele, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mr. S.L. Kulkarni, advocate for respondent no. 2. Mrs. A.V. Gondhalekar, AGP for respondent no 3 Respondent no. 4 served.

¶717

WITH

¶718

WRIT PETITION NO.3516 OF 2004

¶719

Yesgaon Vivid Karyakari Seva Co-operative Society Ltd., at Yesgaon, Taluka Gangapur, Dist.Aurangabad, through its Managing Director Karbhari s/o Dhondiram Barde, age: 38 years, Occ: Agriculturist, R/o Yesgaon,Taluka Gangapur, Dist.Aurangabad.

¶720

Petitioner

¶721

Versus

¶722

1 The Union of India, Ministry of Agricultural and Co-operation, Krushi Bhavan, Dr.Rajendra Prasad Road, New Delhi – 110 001.

¶723

2 The State of Maharashtra, through the Deputy Secretary, Agricultural and Co-operation, Mantralaya, Mumbai.

¶724

{74}

¶725

wp97304.odt

¶726

3 The Manager, General Insurance Corporation of India, Maharashtra State Level Crop. Insurance Cell, Stock Exchange Towers, 20^th Floor, East Wing, Dalal Street, Fort, Mumbai-23.

¶727

4 The General Manager, Aurangabad District Central Co-operative Bank, Dr.Rajendra Prasad Marg, Aurangabad 431 005.

¶728

Respondents

¶729

Mr. A.D. Sugdare, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent no. 1. Mrs. A.V. Gondhalekar, AGP for respondent no. 2. Mr. S.L. Kulkarni, advocate for respondent no. 3. Respondent no. 4 served.

¶730

CORAM : B.R.GAVAI AND

¶731

R.M.BORDE, JJ. DATE : 02nd December, 2010

¶732

ORAL JUDGMENT (Per R.M.Borde, J.):

¶733

1 In all these petitions, the petitioners are making grievance in respect of failure of the Respondents to consider their claims of payment of amount towards crop insurance for the year 2001-2002 payable under the scheme “Rashtriya Krishi Bima Yojana”.

¶734

Considering the common question in all these petitions as well as reason set out for refusal of the claim being uniform, the

¶735

{75}

¶736

wp97304.odt

¶737

petitions are taken up for consideration together. As a matter of convenience, the facts noted in Writ Petition No.973/2004 are being stated.

¶738

2 The petitioner is the society engaged in providing loan facilities to the farmers. The members of the Society have secured crop loan from the petitioner society. The District Central Cooperative Bank provides loan facilities to its member societies i.e. petitioner and the petitioner, in turn, advances loan to the individual farmers who become members of the petitioner-society. The petitioner society has deducted amount from the loan disbursed to individual members for depositing the same towards the insurance premium. In the nutshell, the grievance set out in the petition is in respect of refusal to disburse the claims, on account of failure of crops, to the individual members of the petitioner society to which they are entitled to under “Rashtriya Krishi Bima Yojana”.

¶739

3 It would be relevant to consider the objects of the scheme, which are noted as below:

¶740

(a) To provide insurance coverage and financial support to the farmers in the event of failure of any of the notified crop as a result of natural calamities, pests & diseases.

¶741

{76}

¶742

wp97304.odt

¶743

(b) To encourage the farmers to adopt progressive farming practices, high value inputs and higher technology in Agriculture.

¶744

¶745

The crops covered under the scheme are:

¶746

(a) Food crops (Cereals, Millets & Pulses)

¶747

(b) Oilseeds.

¶748

¶749

the crops, in respect of which, (i) the past yield data based on Crop Cutting Experiments (CCEs) is available for adequate number of years; and (ii) requisite number of CCEs are conducted for estimating the yield during the proposed season.

¶750

4 These petitions are concerning the disbursement of the claims under the “Rashtriya Krishi Bima Yojana” on account of failure of sugarcane and oilseeds (ground nut) crops. The scheme covers a group of farmers:

¶751

(a) On a compulsory basis: All farmers

¶752

{77}

¶753

wp97304.odt

¶754

growing notified crops and availing Seasonal Agricultural Operations (SAO) loans from Financial Institutions i.e. Loanee Farmers.

¶755

(b) On a voluntary basis: All other farmers growing notified crops (i.e. Non-Loanee farmers) who opt for the Scheme.

¶756

Under the scheme, risks covered are on account of:

¶757

(i) Natural Fire and Lightning.

¶758

(ii) Storm, Hailstorm, Cyclone, Typhoon,

¶759

Tempest, Hurricane, Tornado, etc.

¶760

(iii)Flood, Inundation and Landslide.

¶761

(iv)Drought, Dry spells.

¶762

(v) Pests / Diseases, etc.

¶763

In all these petitions, the claims are raised for failure of crop on account of dry spell / drought situation.

¶764

5 The provisions made in the scheme are that, the State Department will plan and conduct requisite number of Crop Cutting Experiments (CCEs) for all notified crops in the notified insurance units in order to assess crop yield. The number of crop cutting experiments required to be conducted in Taluka, Tahsil,

¶765

{78}

¶766

wp97304.odt

¶767

Mandal or Gram Panchayat area are also noted in the scheme. The claims are settled on the basis of yield data received from the State Government on the basis of crop cutting experiments. The damages are required to be worked out on consideration of data received in respect of CCEs and threshold yield in respect of a particular crop.

¶768

6 It is the contention of petitioners that there was failure of crop in the area and as such, the State Government, through the Revenue Department, had declared anewari’ and issued directions in respect of exemption from revenue recoveries. It is uniform contention of all the petitioners, in the petitions, that the annewari’ declared by the State through the Revenue Department in respective areas is below fifty paise, which is an indicative of the fact that there is failure of the crop. The petitioners, thus, contend that although there is a failure of crop and even though the State Government, through Agricultural Department, recognised that the percentage of crops in the area is below 50% and even if the revenue recoveries by the department has been relaxed, the Insurance Corporation / Respondents herein have failed to compensate the farmers.

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7 The Respondent – Insurance Corporation has opposed the petitions by presenting an affidavit-in-reply, which has been filed by one Dattatraya Govind Halve, Officer-In-Charge of General

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Insurance Corporation of India (Maharashtra Crop Insurance Cell). It is contended by the insurer that the National Agricultural Insurance Scheme (NAIS) is operative in defined area as notified by the State Government. According to the Respondent-insurer, the basis for settlement of the claims are, result of Crop Cutting Experiments. The methodology of determination of claim is, if the Actual Average Yield per hectare of the insured crop for defined area determined on the basis of Crop Cutting Experiments in the insured season falls short of the specified Threshold Yield, all the insured farmers growing that crop in the defined areas are deemed to have suffered shortfall in their respective yields and are entitled to the damages. It is contended that for settling the claims in NAIS, actual average yield under Crop Cutting Experiments (CCEs) conducted by State Government machinery is taken into consideration. It is contended that under the scheme, minimum sum insured for loanee farmers is the amount of loan disbursed, however, on payment of additional premium, the sum insured may be extended to the value of threshold yield. The maximum coverage will be up to the value of 150% of the average yield. It is also stated that the scheme is compulsory for the loanee farmers i.e. the farmers who are availing loan from the banks for raising crops and is optional for non loanee farmers. It is specifically contended by the respondents that the claims are not to be settled on the basis of average `annewari’ declared by the revenue department, however, settlement of claims are as per the

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modalities prescribed in the scheme. It is specifically contended that the average yield data, for the crops under consideration, is received and there is no shortfall recorded and as such, the claims are not payable. The yield data is compiled by the State Government on the basis of results of requisite Crop Cutting Experiments in the concerned notified areas. The farmers would become eligible to get crop insurance claim if average yield of the current year is less than the threshold yield as determined by average of last 5 years of such yield data. It is contended that there is no difference in the average yield and threshold yield and as such, no shortfall is recorded and, therefore, the petitioners are not held entitled to receive the damages.

¶776

8 An affidavit-in-reply is presented by one Ashok Pandurang Kadam, Deputy Director of Agriculture, on behalf of the State Government. It is contended in the affidavit presented on behalf of the State Government that the Agriculture Department plans the required number of Crop Cutting Experiments in notified areas to estimate per hectare yield rates of different crops. It is also stated that the current year’s average yield, based on crop cutting experiments, planned under crop estimation survey, is compared with threshold yield and claims are sanctioned in the proportion of shortfall in threshold yield. The settlement of claim is done by AIC as per the prescribed procedure and that the compensation is not decided on the basis of `paisewari’. It has also

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been stated on behalf of the State Government that the threshold yield of each crop in the notified area is fixed separately. The method of underwriting crop insurance is not similar to other classes of non life insurance where coverage is on individual basis. As per the provisions of the scheme, if there is a loss due to insured perils and such losses are reflected in the yield arrived at by conducting CCEs, the farmers become eligible for compensation. The claims are settled for the crop where shortfall in the yield is recorded. It is stated that there is no room for any discrimination or for any fraud and the claim settlement scheme is a full proof system.

¶780

9 The contention raised by the petitioners that the State Government has recognised that there is failure of crops and the `annewari’ prescribed for the relevant period is less than 50 paise and as such, the farmers are entitled to receive damages on account of failure of crops, is not acceptable for the reason that the procedure for claim settlement prescribed under the scheme is a different one and the parameters prescribed for consideration of claims differs. The petitioners have also contended that in fact there were no crop cutting experiments conducted and as such in all probabilities, there was no data available for drawing an inference in respect of failure or otherwise of the crops in the notified area. However, the contentions raised in the petitions in that behalf have been specifically controverted on behalf of the

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State Government and it is contended that the crop cutting experiments were actually conducted and the data, in that regard, was made available for consideration of the claims. It is to be noted that for arriving at the `annewari’ statistics by the Revenue Officers, totally different modalities are adopted. The Revenue Officers are required to consider the yield of a normal crop i.e. a crop which is grown in normal condition by cultivators is taken to be a crop equal to 12 annas and the average yield per acre of each kind of crops in a particular tract is ascertained by the Agricultural Department by a series of crop experiments on scientific basis. The process of determination of annewari involves the finding out of the annewari of the crop of a particular season with reference to a normal i.e. 12 anna crop. Thus the annewari prescribed by the revenue officers with reference to normal crops, which may be different and may not be relatable to crops covered by insurance scheme. There may be an instance of scaling down of annewari in a particular area based on the normal crop, however, so far as other crops are concerned, the yield derived by a farmer may be equivalent to average yield. The normal crops prescribed by the Revenue department for assessing the revenue recovery are mostly cereals grown in a particular area.

¶784

10 Thus, the argument of the petitioners, based on scaling down of annewari by the State, which according to the petitioners, is less than 50 paise, for consideration of claim

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towards recovery of insurance claim, cannot be accepted. As stated above, the scheme prescribes different modes of assessing shortfall in the yield. The shortfall in the yield is equivalent to threshold yield and actual yield during relevant period. The Respondents, on the basis of crop cutting experiments, did not find that there is any shortfall in the yield. Thus, the contention raised by the petitioners that they are entitled to be indemnified, as there is scaling down of annewari by the State Government, which itself is indicative of the shortfall of yield, cannot be accepted.

¶788

11 The petitioners have placed reliance on the judgment in the matter of Popatrao Kachru Kale (through L.Rs.) Vs. State

¶789

of Maharashtra & others , reported in 2002 Marathwada Cases Reporter 316. In the reported matter, a Division Bench of this Court issued directions to the Respondents to ascertain indemnity amount payable to each of the agriculturists from Nagar taluka which was covered under the Crop Insurance Scheme for bajra’ crop for the kharif season of 1985, treating the average yield at NIL and further directions were issued to disburse the amount so ascertained to each of the agriculturists with 12% interest. In the reported matter, it was found that there was no sufficient rain in four villages from Ahmednagar taluka and sowing had taken place in 55 to 60% area. As there was no sufficient rain, the seeding was not proper and, therefore, preliminary paisewari’ report was indicating that the average crop yield will be 15 paise out of 100

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paise. It was also found that after taking experiments of crop cutting, the final paisewari for four villages was 10 paise, that means, 10%. The Court has also recorded that the Minister of Agriculture of State of Maharashtra had informed the Union Agriculture Minister that the crop cutting was not properly done and there were mistakes. In such circumstances, the Division Bench of this Court, proceeded to issue directions for determination of indemnity amount payable to each agriculturists and further directed it to make payment with 12% interest. In the instant matter, however, it is specifically contended by the Respondent-State that there were crop cutting experiments undertaken and the data was made available and furnished to the insurance agency. The facts in the reported judgment are distinguishable and as such, the conclusion derived by the Court in the said matter and the directions issued cannot straightway be issued in the instant matter.

¶793

12 A reference can also be made to a judgment in the matter of Osmanabad District Central Co-operative Bank Ltd. Vs. State of Maharashtra & others , reported in 2005 B.C.I. 76. In the reported matter, the argument was advanced by the petitioner therein that the farmers / agriculturists are entitled to be indemnified on account of scaling down of revenue assessment by the State and that the `annewari’ was below 50 paise. However, the Division Bench, on consideration of the claim, found that the

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`annewari’ cannot be the basis for assessing the claims and the methodology for working out the shortfall in production is based on the threshold yield and data of actual yield based on crop cutting experiments of the relevant years. The view adopted by the Division Bench in the reported matter can be followed and adopted in the instant matter also.

¶797

13 Thus, for the reasons recorded above, we are of the considered view that the petitions do not merit any favourable consideration and as such, those are liable to be dismissed.

¶798

14 In the result, Writ Petitions are dismissed. Rule discharged. However, in the facts and circumstances of this case, there shall be no order as to costs. Pending Civil Applications, if any, do not survive and stand disposed of.

R.M.BORDE

JUDGE

B.R.GAVAI

JUDGE

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Ter Large Size Multi Purpose Co. Operative Society v. Union of India and Ors.

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Ter Large Size Multi Purpose Co. Operative Society v. Union of India and Ors.

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