Binay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3988 of 2020 ====================================================== Binay Kumar Mishra Son of Ram Lakhan Mishra, Resident of VillageBasuara, P.O.-Araila, Via-Kansi Simri, P.S.-Moro, District-Darbhanga, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Agriculture Department, Old Secretariat, Patna.

2.

The State of Bihar through the District Magistrate, Darbhanga, DistrictDarbhanga. 3.

The Branch Manager, State Bank of India, Laheriasarai Branch, Near Pritam Sutdio, VIP Road, Darbhanga.

4.

Regional Manager, State Bank of India, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the State :

Mr. Ashok Kumar Pathak, Advocate ======================================================= CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 27-06-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has sought writ in the nature of mandamus for a direction to the respondents to make payment of kharif crop damaged amounting to Rs. 50,000/- which the petitioner had sustained due to floods. According to the petitioner, he is entitled to same in view of the Crop Insurance Policy which he holds in his name and for which premium of Rs. 728/- has already been paid against the Crop Insurance for

Patna High Court CWJC No.3988 of 2020(2) dt.27-06-2022 2/2 the year 2017. He has also prayed that payment of statutory interest as well as penal interest from 2017 till realisation of the amount be also paid to him.

At the outset, learned counsel for the State very fairly submits that in case the petitioner files a representation before the District Magistrate, Darbhanga within three weeks from today, plea of the petitioner shall be considered sympathetically and a speaking order shall be passed within four weeks thereof. In case any amount is found due, same shall be released to the petitioner forthwith.

The writ petition stands disposed of with aforesaid observations.

(Rajan Gupta, J) ( Shailendra Singh, J) Anjani/- U