PUSURAM v. STATE OF CHHATTISGARH
Court: High Court of Chhattisgarh
Bench: HON'BLE SHRI JUSTICE P. SAM KOSHY
Judgment date:
Case summary
High Court of Chhattisgarh judgment dated 2020-10-16. PUSURAM v. STATE OF CHHATTISGARH. Read the judgment and case details on LawSphereX.
Judgment text
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2399 of 2020 1. Meennath Yogi S/o Bisheshwar Nath, Aged About 33 Years 2. Updesh Nath Yogi S/o Guput Nath Yogi, Aged About 67 Years 3. Narendra Nath Yogi S/o Shiv Nath Yogi, Aged About 49 Years 4. Bhagirathi Sahu S/o Tatu Sahu, Aged About 68 Years 5. Ramchand Sahu S/o Gauva Ram Sahu, Aged About 51 Years 6. Lakhan Sahu S/o Punaram, Aged About 72 Years 7. Suresh Nath, S/o Ved Nath, Aged About 46 Years 8. Sitaram Sahu S/o Ubharam Sahu, Aged About 52 Years 9. Mohan Ram Sahu S/o Bhuna Ram Sahu, Aged About 43 Years 10. Kartik Ram Sahu S/o Aaju Ram Sahu Aged About 41 Years 11. Guharam Sahu S/o Dhanaram Sahu Aged About 80 Years 12. Benu Nath Yogi S/o Anand Nath, Aged About 57 Years All are R/o Village Sonpuri, Post Sonpuri, Police Station Kawardha, District Kabirdham Chhattisgarh. ---- Petitioners Versus 1.
State Of Chhattisgarh Through The Secretary, Agriculture Development And Famers Welfare And Bio-Technology Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 2. The Joint Secretary, Agriculture Development And Farmers Welfare And Bio-Technology Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 3. The Director, Agriculture Department, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 4. The Secretary, State Of Chhattisgarh, Cooperative Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 5. The Collector, Kabirdham, District Kabirdham Chhattisgarh. 6. The Joint Director, Agriculture Department, Durg Division, Durg Chhattisgarh 7. The President, Sewa Sahkari Samiti Maryadit, Sonpuri Rani, District Kabirdham Chhattisgarh. ---- Respondents AND WPC No. 2401 of 2020 1. Bhagwan Nath Yogi S/o Chhedu Nath Yogi Aged About 52 Years 2.
Harnarayan Kashyap S/o Gangaram Kashyap Aged About 45 Years 3. Dinesh Chandravanshi S/o Maniram Chandravanshi Aged About 41 Years 4. Jagdish Chandravanshi S/o Dhaniram Chandravanshi Aged About 72 Years 5. Naresh S/o Faguram Aged About 38 Years 6. Govind Chandravanshi S/o Parsadi Chandravanshi Aged About 78 Years 7. Ramji S/o Mahetaru Nishad Aged About 47 Years 8. Gajendra S/o Ramchandra Aged About 35 Years 9. Motinath S/o Bhukhau Aged About 68 Years 10. Usha Bai W/o Shankar Aged About 45 Years All are R/o Village Paliguda, Post Pipariya, Post And Police Station Pipariya, Tahsil Kawardha, District Kabirdham Chhattisgarh. ---- Petitioners Versus 1. State Of Chhattisgarh Through The Secretary, Agriculture Development And Farmer Welfare And Bio Technology Department , Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 2.
The Joint Secretary Agriculture Development And Farmer Welfare And Bio Technology Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 3. The Director Agriculture Department, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 4. The Secretary State Of Chhattisgarh, Cooperative Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 5. The Collector Kabirdham, District Kabirdham Chhattisgarh. 6. The Joint Director Agriculture Department, Durg Division, Durg Chhattisgarh 7. The President Sewa Sahkari Samiti Maryadit, Sonpuri Rani, District Kabirdham Chhattisgarh. ---- Respondents AND WPC No. 2402 of 2020 1. Sukh Das S/o Dayaram Dahariya Aged About 41 Years 2. Deepak Sharma S/o Sitaram Sharma Aged About 28 Years 3. Pranav Kumar Sharma S/o Jagdish Prasad Sharma Aged About 45 Years 4. Radheshyam Sharma S/o Hem Prasad Sharma Aged About 67 Years 5.
Mulchand Satyavanshi S/o Gainda Satyavanshi Aged About 58 Years 6. Bhagwat S/o Dashrath Aged About 51 Years 7. Pradeep Sharma S/o Jagdish Prasad Sharma Aged About 49 Years 8. Ashwani Sharma S/o Jamuna Prasad Sharma Aged About 43 Years 9. Tularam Kurre S/o Lendas Kurre Aged About 69 Years 10. Mandas Kurre S/o Len Das Kurre Aged About 58 Years 11. Vijay Kumar Satyavanshi S/o Sukhchand Satyavanshi Aged About 34 Years 12. Ram Lal S/o Dashrath Aged About 44 Years 13. Panchu Das S/o Amol Das Aged About 60 Years 14. Parmanand S/o Lala Aged About 58 Years All are R/o Village Panchayat Dullapur, Ranisagar, Post Office Sonpur, Police Station Kawardha, District Kabirdham Chhattisgarh. ---- Petitioners Versus 1. State Of Chhattisgarh Through The Secretary, Agriculture Development And Farmers Welfare And Bio Technology Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 2.
The Joint Secretary Agriculture Development And Farmers Welfare And Bio Technology Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar District Raipur Chhattisgarh. 3. The Director Agriculture Department, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 4. The Secretary State Of Chhattisgarh, Cooperative Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 5. The Collector Kabirdham, District Kabirdham Chhattisgarh. 6. The Joint Director Agriculture Department, Durg Division, Durg Chhattisgarh 7. The President Sewa Sahkari Samiti Maryadit, Sonpuri Rani, District Kabirdham Chhattisgarh. ---- Respondents AND WPC No. 2403 of 2020 1. Raman Nath S/o Ramesh Nath, Aged About 22 Years 2. Bhagwat Sahu S/o Marrakhan Sahu Aged About 41 Years 3. Puran Nath S/o Govind Nath, Aged About 51 Years 4. Shiv Charan S/o Anup, Aged About 40 Years 5. Godawati Bai W/o Gaukaran Nath, Aged About 53 Years 6.
Dhaniram S/o Sadaram Aged About 49 Years All are R/o Village Tiwari Nawagaon, Police Station - Kawardha, District - Kabirdham Chhattisgarh. ---- Petitioners Versus 1. State Of Chhattisgarh Through - The Secretary, Agriculture Development And Farmers Welfare And Bio - Technology Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh. 2. The Joint Secretary, Agriculture Development And Farmers Welfare And Bio - Technology Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 3. The Director, Agriculture Department, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh. 4. The Secretary, State Of Chhattisgarh, Cooperative Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh. 5. The Collector, Kabirdham, District - Kabirdham Chhattisgarh. 6. The Joint Director, Agriculture Department, Durg Division, Durg Chhattisgarh. 7.
The President, Sewa Sahkari Samiti Maryadit, Sonpuri Rani, District - Kabirdham Chhattisgarh. ---- Respondents AND WPC No. 2388 of 2020 1. Pusuram S/o Bhadu Ram Aged About 50 Years 2. Tilak Ram Chandravanshi S/o Janakram Chandravanshi Aged About 34 Years 3. Jodhya Chandravanshi S/o Sawat Ram Chandravanshi Aged About 51 Years 4. Kishun S/o Ramsingh Aged About 60 Years All are R/o Village Paraswara, Post And Police Station Pipariya, Tahsil Kawardha, District Kabirdham Chhattisgarh ---- Petitioners Versus 1. State Of Chhattisgarh Through The Secretary, Agriculture Development And Farmers Welfare And Bio-Technology Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2. The Joint Secretary Agriculture Development And Farmers Welfare And Bio-Technology Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 3.
The Director Agriculture Department, Indrawati Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 4. The Secretary, State Of Chhattisgarh, Cooperative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 5. The Collector Kabirdham District Kabirdham Chhattisgarh 6. The Joint Director Agriculture Department, Durg District Durg Chhattisgarh 7. The President Sewa Sahkari Samiti Maryadit, Sonpuri Rani, District Kabirdham Chhattisgarh ---- Respondents For Petitioners : Mr. Dharmesh Shrivastava, Advocate For State : Mr. Vivek Ranjan Tiwari, Addl. A. G. Mr. Mateen Siddiqui, Deputy A. G. Mr. Sudeep Verma, Deputy G. A. Mr. Anand Verma, Deputy G. A. Hon'ble Shri Justice P. Sam Koshy Order on Board 16/10/2020 1.
The grievance of the petitioners herein is in respect of the inaction on the part of the respondents, whereby the petitioners have been deprived the benefit of Agriculture Crop Insurance as per the scheme of the State Government under the “Pradhan Matri Fasal Bima Yojna”. 2. As per the scheme, the amount was to be deducted by the respondents and the premium was to be paid to the concerned insurance company, however in the instant case the premium was neither being deducted, nor was it paid to the concerned insurance company and on account of which the petitioners have been deprived of getting the benefit of the damage/loss caused to the crops by way of Agriculture Crop Insurance. 3. Perusal of the writ petition would show that the District Collector, District Kabirdham has already conducted an inquiry and found that there were serious lapses on the part of the management of the society and the operator working in the said society.
The District Collector has already vide his order Annexure P/6 dated 29. 08. 2020 made a correspondence with the respondent No. 4 for taking appropriate recovery proceedings against the erring officials of the Society management and the petitioners be compensated suitably and also has suggested for taking disciplinary action against the erring officials, but no further development has since occurred. 4. Given the fact, let the petitioners file a fresh representation both before the respondents No. 4 & 5 in the light of the order of the District Collector, District Kabirdham dated 29. 08. 2020 (Annexure P/6) within a period of 15 days from today and the respondents No. 4 & 5 on due scrutiny of the claim of the petitioners and on verifying the facts shall take appropriate remedial measures keeping in view of the order of the District Collector dated 29. 08.
2020 and try to redress the grievance of the petitioners at the earliest preferably within a period of 120 days from the date of receipt of the representation of the petitioners. 5. With the aforesaid observations, the present writ petitions stand disposed of. Sd/- (P. Sam Koshy) Judge Ved
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