Dwarika Kenwat v. Collector

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2758 of 2019

1. Dwarika Kenwat S/o Mathura Prasad Aged About 40 Years

2. Rampal Kenwat S/o Badriprasad Kenwat Aged About 50 Years both R/o Village - Lohari, Tahsil And P.S. - Marwahi, District - Bilaspur Chhattisgarh ---- Petitioners

Versus

1. Collector Bilaspur P.S. - Citi Kotwali, Tahsil And District Bilaspur

2. Chhattisgarh Gramin Bank Through Its Manager Tahsil And P.S.- Marwahi, District - Bilaspur Chhattisgarh

3. Bajaj Allianz General Insurance Co. Ltd Pune - Through Its Zonal Manager, Address - G.E. Plaza, Airport, Yerwada, Pune (Maharastra) Pin 411006

4. Bajaj Allianz General Insurance Co. Ltd Through Its Manager, Address -3rd Floor, Gurukripa Tower, Vayapar Vihar Road Bilaspur, Bilaspur ---- Respondents For Petitioners :

Shri Badruddin Khan, Advocate For Respondent/State :

Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/08/2019

1. Heard.

2. It is contended on behalf of the petitioners that they are the farmers of village Marwahi and they have obtained agricultural loan from the Chhattisgarh Gramin Bank Marwahi, District Bilaspur. While the loan was being availed, the premium

was deducted under the scheme of Pradhan Mantri Fasal Bima Yojna. In the year 2018 due to short rainfall, the crop of the petitioners were damaged and though the respondents were duty bound to make good the loss sustained by way of the insurance, however, the same has not been done. Learned counsel for the petitioners submits that the other farmers have been given the benefit of crop insurance barring the petitioners. He would further submit that the petitioners may be given an opportunity to make a representation before the Collector, Bilaspur to extend the benefit of crop insurance to the petitioners and the same may be directed to be decided.

3. Considering the limited prayer made, it is directed that the petitioners shall file afresh representation before the Collector, Bilaspur making all the pleading within a period of 30 days from today and on such representation having been filed, the Collector shall further decide the same within a period of 45 days from the date of receipt of copy of the representation. It is also directed that the Collector shall also decide the claim of the petitioners whether they are entitled and if it is so, suitable directions may be issued to the concerned insurance company.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu