Disposed

Mahesh Sah and Ors. v. The State Of Bihar and Ors.

Patna HC11 Sept 2012CWJC/16857/2012

Case brief

AI extract

What is this about?

Petitioners, non-loanee farmers, sought a writ for delayed insurance payments under the National Agriculture Insurance Scheme due to the State Government failing to release its 50% share of funds. The court directed the Principal Secretary, Department of Cooperation, to release the State's share within two months.

What did the court decide?

Direction to the Principal Secretary of the Department of Co-operation to release the State's 50% share of the insured amount to the Bank within two months.

Mahesh Sah and Ors. Vs The State Of Bihar and… — Contract and Commercial Disputes | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.16857 of 2012

¶3

======================================================

¶4

Mahesh Sah, son of late Jagdeo Sah, Resident of Village-Dhekahan, P.S.-Kesariya, District-East Champaran at Motihari.

¶5

Yadav Lal Sah, son of late Dharm Sah, Resident of Village-Dhekahan, P.S.-Kesariya, District-East Champaran at Motihari.

¶6

Uma Shankar Singh, son of late Punya Deo Singh, Resident of VillageDhekahan, P.S.-Kesariya, District-East Champaran at Motihari.

¶7

Ajay Kumar, son of Vindeshwar Rai, Resident of Village-Dhekahan, P.S.-Kesariya, District-East Champaran at Motihari.

¶8

.... .... Petitioner/s

¶9

Versus

¶10

1. The State Of Bihar through the Principal Secretary, Department of Cooperation, New Secretariat, Bihar, Patna.

¶11

The Principal Secretary, Department of Co-operation, New Secretariat, Bihar, Patna.

¶12

The Registrar, Co-operative Society, New Secretariat, Bihar, Patna. 4. The District Magistrate, East Champaran at Motihari.

¶13

The District Co-operative Officer, East Champaran at Motihari. 6. The Motihari Central Co-operative Bank Limited, Motihari through its Managing Director.

¶14

The Managing Director, Motihari Central Co-operative Bank Limited, Motihari.

¶15

The Agriculture Insurance Company of India Limited through its Regional Manager, Regional Office, 3^rd Floor, Grant Plaza, Frazer Road, Patna-80001.

¶16

The Regional Manager, Agriculture Insurance Company of India Limited, Regional Office, 3^rd Floor, Grant Plaza, Frazer Road, Patna80001. .... .... Respondent/s

¶17

====================================================== Appearance :

¶18

For the Petitioner/s : Mr. Sanjay Kumar, Adv.

¶19

For the State : Mr. G.K. Agrawal GA-10 and Mr.Arif Daula Siddiqui, AC to GA-10. For respondent nos.6&7 : Mr.K.K.Sinha, Adv.

¶20

====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

¶21

2 11-09-2012 With the consent of the parties, this writ application is being disposed of.

¶22

As per the case of petitioners, who are non-loanee members of the Primary Agriculture Credit Society, Dhekahan,

¶23

Patna High Court CWJC No.16857 of 2012 (2) dt.11-09-2012

¶24

2 / 3

¶25

East Champaran at Motihari, had insured their crop under the National Agriculture Insurance Scheme. In view of damage to the crop they claimed insurance amount later on.

¶26

Learned counsel for the petitioners submits that insurance amount had to be paid through Central Co-operative Bank, Motihari. He refers to a letter of the Managing Director dated 22.05.2012 addressed to all the Branch Mangers, vide Annexure-2, to submit that the claim of large number of farmers have been settled by the Bank after receipt of the necessary amount in this regard. However, the insurance claim of the petitioners and some other, whose claims are still pending, have not been paid on account of paucity of fund. He submits that 50% of the insured amount has to be paid by the Central Government and rest of the 50% has to be released by the State Government through the Department of Co-operation, Government of Bihar. He submits that 50% share for payment of insured amount to the petitioners and others have already been released by the Central Government and is lying with the District Central Co-operative Bank. However, the State has not released its 50% share because of which they are not getting their insured amount.

¶27

Learned counsel for the Bank submits that it is not clear that 50% amount from the Central Government has actually been

¶28

Patna High Court CWJC No.16857 of 2012 (2) dt.11-09-2012

¶29

3 / 3

¶30

received by the Bank. He submits that, as per the pleading of the petitioner himself, the custodian of the Central Government fund is the Agriculture Insurance Company of India Limited. Hence, if it has not been released the Central Government fund then in that case the Bank may not be in a position to release insured amount in respect of the petitioners and others, even if the State Government releases the fund.

¶31

In the circumstances, this writ application is disposed of with a direction to the Principal Secretary of the Department of Co-operation, Government of Bihar to see to it that the share of 50% of the insured amount payable by the State Government is released to the Bank in respect of the claims of the petitioners and others, positively within two months from the date of receipt/production of a copy of this order so that the insurance amount may be paid to them immediately. The Agriculture Insurance Company of India Limited is also directed that, if the contribution of the Central Government has not been released in favour of the Bank till today then that should also be released to the Bank within the same period along with statutory interest, if any.

¶32

Arvind/-

¶33

(Jayanandan Singh, J)

Mahesh Sah and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mahesh Sah and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s All India Pest Control Vs The State Of Bihar and Ors.

Gautam Prasad Vs the State of Bihar and Ors.

Dharmendra Kumar Vs the State of Bihar and Ors.

Lalan Shukla Vs the State of Bihar and Ors.

Sanjay Kumar Vs Bharat Sanchar Nigam Limited and Ors.

Chandra Shekhar Choubey and Ors. Vs the State of Bihar and Ors.