The writ was dismissed as a sham filed by persons having no legal right to issue the grievance, aimed at grabbing farmers' compensation. The court held compensation must be paid directly to farmers.
Writ application dismissed on the sole ground that the petitioner has no legal right to raise the issue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9624 of 2011
====================================================== 1. Gopal Giri son of late Anirudh Giri, resident of Village- Harpur, PSRam Nagar, District - West Champaran. 2. Ravi Kumar Mishra, son of Mahant Mishra, resident of Village Harpur, PS - Ram Nagar, District - West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary of the State of Bihar, Old Secretariat, Patna. 2. The Secretary of Cooperative Society of Cooperative Department, Government of Bihar. 3. The Registrar of Cooperative Society, Government of Bihar. 4. The Registrar of Cooperative Society, Government of Bihar. 5. The Special Secretary of Cooperative Department, Government of Bihar, Patna 6. The District Magistrate cum Administrator of National Central Cooperative Bank, Bettiah. 7. The District Cooperative Officer, West Champaran. 8. The Managing Director of National Central Cooperative Bank of Bettiah, West Champaran 9. The Regional Manager of Agriculture Insurance Company of India Limited, Third Floor, Grand Plaza, Near Dak Bungalow Crossing, Fraser Road, Patna 10. The Chairman of Sohasa Paccs Ram Nagar Bettiah, West Champaran. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Radhe Shyam Prasad Mr. Praveen Kumar Agrawal For the State : Mr. JC to AAG2 For the Bank : Mr. P K Verma, Sr. Advocate. For respondent No.8 : Mr. R C L Das Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 5 21-06-2013 Writ is dismissed on the sole ground that petitioner No.1 is supposed to be the Chairman of a PACS, who has no legal right to raise an issue of such kind. Petitioner No.2 seems to be his crony. If genuine farmers have difficulty in receiving the
Patna High Court CWJC No.9624 of 2011 (5) dt.21-06-2013
2 / 2
compensation amount arising from crops insurance, they are free to approach the High Court. The present writ application which talks of their right is a sham which has been filed with an object of grabbing the money of poor farmers and bargaining with them when the actual compensation is required to be paid to them.
The Court has gone through the circular of the State Government. There is no clear and categorical direction therein to make payment of compensation amount through PACS. No doubt PACS is authorized to insure crops of the farmers but payment is to accrue in the bank account of individual farmers, who have to open such a savings bank account in the authorized bank, so that no intermediaries or middlemen can intervene, bargain or walk away with the benefits of compensation of a poor farmer.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
2 issues framed by the court
Whether the Chairman of a PACS has a legal right to raise an issue regarding compensation payment.
Whether the citizens can approach the High Court if they face difficulty in receiving insurance compensation.
Gopal Giri
Ravi Kumar Mishra
The State of Bihar
The Secretary of Cooperative Society
The District Cooperative Officer
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
