The Patna High Court disposed of a writ petition filed by the President of a PACCS seeking directed release of insurance funds to farmers. The court held claims are personal and required individual submissions, dismissing the PIL.
Disposed of the writ petition; petitioner to submit representations; respondents to pass orders within six weeks.
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.15704 of 2014
====================================================== 1. Binod Jha, Son of Late Gopi Nath Jha Resident of Village - Kakraul, Police Station - Rahika, District - Madhubani.
.... .... Petitioner
Versus
.... .... Respondents
====================================================== Appearance :
For the Petitioner/s : Mr. Kripa Nand Jha, Adv. For the Respondent/s : Mr. Aag14- K.K. Jha
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 22-06-2015 The petitioner claims to be the President of Primary Agriculture Credit Co-operative Society (PACCS), Kakraul of the district Madhubani. The writ petition is filed with a prayer to direct respondent No.4 and 5 to
Patna High Court CWJC No.15704 of 2014 (2) dt.22-06-2015
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release the insurance amount to various farmers, who happen to be the members of the Society.
It is stated that the farmers are qualified themselves to be paid the insurance amount for the damage caused to their crops, but respondent Nos.4 and 5 did not release the amount.
Heard Shri Kripa Nand Jha, learned counsel for the petitioner and Shri K.K. Jha, learned A.A.G.-14 for the State.
The writ petition is filed in his individual capacity, by the petitioner. The petitioner happens to be the President of the Society. Basically the insurance claims are personal, in nature. Each claimant has to submit his claim and the insurer shall have to process the same. Assuming that there is common cause for all the farmers, the occasion for respondent Nos.4 and 5 would arise only when either individual claim or collective representations are submitted. Nothing of the sort has been pleaded.
We, therefore, dispose of the writ petition, leaving it open to the petitioner either to arrange for submission of individual or their collective representation before respondent Nos. 4 and 5, and the latter, in turn,
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shall pass appropriate orders within six weeks from the date of receipt of the representation, duly verifying the facts.
facts.
(Sudhir Singh, J)
K.C.jha/U
1 issue framed by the court
Whether the writ PIL filed by the President of the Primary Agriculture Credit Co-operative Society is maintainable for enforcement of individual insurance claims of farmers without individual represen
1 provisions across 1 enactments
Binod Jha
The State of Bihar through the Director (Agriculture) Statistical Directorate Patna
Agriculture Insurance Company of India Limited
The Rohika Central Co-operative Bank Limited, Madhubani
The Chief Justice
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
