Gujarat High Court
Shree Shivrajgadh Juth Seva Sahakari ... vs Union Of India on 25 July, 2022
Author: A. S. Supehia
Bench: A.S. Supehia
C/SCA/20982/2018 ORDER DATED: 25/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20982 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 20995 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 21029 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 21000 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 21055 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 21053 of 2018
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SHREE SHIVRAJGADH JUTH SEVA SAHAKARI MANDALI LIMITED
THROUGH PRESIDENT/SECRETARY
Versus
UNION OF INDIA
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Appearance:
MR DIPEN DESAI(2481) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,4,5,6,7,8,9
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 2
DS AFF.NOT FILED (N) for the Respondent(s) No. 1,3,4,5
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 25/07/2022
ORAL ORDER
1. Special Civil Application No.20982 of 2018 has been filed for the following prayer:-
"6A. The Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to give the insurance claim to the farmers of the Gondal Taluka at the rate of 80.02% and not at the rate of 51.15% as is given by the Insurance Company on production of groundnut and as far as cotton is concerned be pleased to direct the respondents to given insurance claim at the rate of 80.02% to the farmers of Gondal Taluka."
2. Special Civil Application No.20995 of 2018 has been filed for the following prayer:-
"6A. The Hon'ble Court be pleased to issue a writ of mandamus or Page 1 of 4 Downloaded on : Mon Aug 01 20:09:30 IST 2022 C/SCA/20982/2018 ORDER DATED: 25/07/2022 writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to give the insurance claim to the farmers of the Vinchhiya Taluka at the rate of 94.30% and not at the rate of 18.17% as is given by the Insurance Company on production of groundnut."
3. Special Civil Application No.21029 of 2018 has been filed for the following prayer:-
"6A. The Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to give the insurance claim to the farmers of the Vinchhiya Taluka at the rate of 80.91% on production of cotton."
4. Special Civil Application No.21000 of 2018 has been filed for the following prayer:-
"6A. The Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to give the insurance claim to the farmers of the Jasdan Taluka at the rate of 89.50% and not at the rate of 15.30% as is given by the Insurance Company on production of groundnut."
5. Special Civil Application No.21055 of 2018 has been filed for the following prayer:-
"6A. The Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to give the insurance claim to the farmers of the Jasdan Taluka at the rate of 80.44% on production of cotton."
6. Special Civil Application No.21053 of 2018 has been filed for the following prayer:-
"6A. The Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to give the insurance claim to the farmers of the Jamkandorna Taluka at the rate of 71.93% and not at the rate of 21.11% as is given by the Insurance Page 2 of 4 Downloaded on : Mon Aug 01 20:09:30 IST 2022 C/SCA/20982/2018 ORDER DATED: 25/07/2022 Company on production of groundnut and as far as cotton is concerned be pleased to direct the respondents to give insurance claim at the rate of 80.68% to the farmers of Jamkandorna Taluka."
7. On 28.03.2022, this Court had passed the following order:-
"Though the notices are served, none appears for the respondent - Insurance Company.
Mr. Vibhuti Nanavati, the learned advocate appears in Special Civil Application No.21063 of 2018 and Special Civil Application No.21065 of 2018 for respondent No.5 - Insurance Company.
In the interest of justice, post the matter for further hearing on 25th April, 2022."
8. In all these captioned writ petitions, the petitioners, who are the farmers, are claiming the insurance claim as per the scheme introduced by the Central Government known as National Agricultural Insurance Scheme.
9. It is the case of the petitioners that their insurance claim should have been calculated as per the crop cutting experiment under the Pradhan Mantri Fasal Bima Yojana. The main grievance is with regard to calculation of the percentage of insurance claim, which has been done by the respondent no.5.
10. No one has chosen to appear on behalf of the respondent no.5. Hence, the facts and averments made in the writ petitions stands uncontroverted. The respondent no.5 is directed to give and process the insurance claim of the farmers of the concerned village as per the claim mentioned in the prayer clause.
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9. Necessary orders granting the amount to the petitioners by the respondent no.5 shall be paid within a period of six weeks from the date of receipt of the writ of the order of this Court.
10. With the aforesaid direction, the present petitions stand disposed of accordingly.
(A. S. SUPEHIA, J) ABHISHEK Page 4 of 4 Downloaded on : Mon Aug 01 20:09:30 IST 2022