P.R. Bora, J.

1. The petitioner has filed the present petition seeking Writ of Mandamus against respondent nos. 1 to 3 for payment of the Crop Insurance claims for Kharip season of 2003 for Osmanabad Taluka in respect of Udid, Moong, Soyabean, groundnut, etc. Petitioner has also sought declaration to the effect that the Random System adopted by respondents to decide actual yield for a particular season and crop, to decide liability of Crop Insurance claim is arbitrary and improper. The petitioner has, therefore, also sought direction against the respondents to grant insurance claims considering the loss of the particular crop of the particular agriculturist as insured.

2. At the outset, it has to be stated that in paragraph no.2 of the petition, though the petitioner has raised contention that the present petition be treated as a public interest litigation since it espouses the cause of thousands of farmers who had actually participated in the National Agricultural Insurance Scheme (hereinafter referred as "NAI Scheme"), the same does not seem to have been accepted as public interest litigation and has been heard as the writ filed by the petitioner.

3. It is the contention