The settlement of insurance claims under the Comprehensive Crop Insurance Scheme should be based on Crop Cutting Experiments as per the scheme's provisions, and deviation from this method is impermissible.

P. V. HARDAS, J.

( 1 ) THE petitioners in this petition- have prayed for issuance of a writ of Mandamus directing respondents No, 1 to 3 to pay the insurance claim for Kharip season 1991. The petitioners have also prayed that the random system adopted by the respondent to decide the actual yield for a particular season and crop for adjudging the liability of claim be declared as not proper.

( 2 ) FACTS in brief as are necessary for the decision of this petition can be stated as under : petitioner No. 1 is the District Central Cooperative Bank Limited. It is Co-operative society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960. The petitioner No. 2 is a deputy General Manager of the petitioner no. 1. Respondent No. 1 has undertaken various schemes for the benefit of agriculturists in Osmanabad District. One of such schemes being the Comprehensive Crop Insurance Scheme, which has been floated by respondent Nos. 1 and 2 at the instance of respondent No. 3. Under the said Comprehensive Crop Insurance Scheme, respondent no. 3 insures the crops of agriculturists in maharashtra State on the agriculturist paying premium to the primary Co-operative society. The primary Co-operative society in turn pays this premium to the petitioner no. 1, which is the Apex Bank for osmanabad District. The petitioner No. 1 after collecting premium from the agriculturists through their respective societies, pays the same to respondent No. 3. The said comprehensive Crop Insurance Scheme was started sometime in the year 1985-86.

( 3 ) IT is also averred by the petitioners that petitioner No. 1 is providing loans to the farmers through their member society. The insurance scheme is in the interest of agriculturists and therefore, the petitioner society has locus to file the present petition which is espousing the cause of the member societies and the agriculturists who are the members of the primary societies. By a resolution passed on 12-7-1985 the Comprehensive, Crop Insurance Scheme was made applicable to the entire State of maharashtra which included Osmanabad district. A pilot crop insurance scheme had been made applicable earlier in certain selected talukas of Maharashtra since 1981. However, since the pilot scheme was not successful, the scheme was modified and accordingly a modified Comprehensive Crop insurance Scheme was introduced on 12-7-1985. As per the Comprehensive Crop insurance Scheme, the sum assured per farmer was 150 per cent of the crop loan disbursed to him and the insurance premium was to be charged on the basis of the sum assured. The petitioners have annexed at Exh. A the Comprehensive Crop Insurance scheme. Annexure I to Exh. A sets out in detail the modalities of working of the crop insurance scheme.

( 4 ) THE respondent No. 1 by resolution dated 5-3-1991 modified some of the conditions of the scheme which were existing in the earlier scheme at Exh. A. The petitioners have annexed at Exh. B the further modified scheme. It is stated by the petitioners that the major crop in Osmanabad District is grown during the kharip season. The kharip season starts from April and ends in september of each year. The main crop grown in Osmanabad District is jowar, sunflower, Tur and groundnut. The financing for the major kharip season commences from April and lasts upto 30th September of a calendar year. Petitioners have stated that the petitioner No. 1 through its primary co-operative society had given kharip loans to the agriculturists for the period from 1st april, 1991 and the petitioner No. 1 Bank has paid premium for the total number of members i. e. 41453 for the agricultural land admeasuring 59397 hectare. The total amount advanced by petitioner No. 1 during kharip season of April, 1991 to september. 1991 was Rs. 7, 57, 42,000. 00 Ps. The petitioner No. 1 has paid premium amounting to Rs. 12,93,000. 00 Ps. to respondent no. 3.

( 5 ) AT para No. 11 of the petition it is stated by the petiti