SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Pat) 792

IN THE HIGH COURT OF JUDICATURE AT PATNA
G. ANUPAMA CHAKRAVARTHY, J.
CWJC Nos. 12411 with 12414, 12434, 12441, 12444, 12458 and 12525 of 2016
(10.9.2024)
Future Generali India Insurance Company Ltd. (in 12411)
IFFCO Tokio General Insurance Company Ltd. (in 12414)
Reliance General Insurance Company Ltd. (in 12434)
Cholamandalam Ms General Insurance Company Ltd (in 12441)
HDFC Ergo General Insurance Company Ltd. (in 12444)
Tata AIG General Insurance Company Ltd. (in 12458)
ICICI Lombard General Insurance Company Ltd. (in 12525)
vs.
State of Bihar & Ors. ... Respondents
(in all)

Advocates:
For the Petitioners: M/s Y.V. Giri, Sr. Adv., Durgesh Kumar Singh (in all).
For the Respondents: M/s Ramadhar Singh, GP-25 (in 12411, 12458); M.P.Yadav GP 23 Meera Singh AC to GP-23 (in 12411); Sanjay Parasmani, AC to GP-4(in No. 12414); Manikant Mishra, GP-25, Ranjit Kumar, AC to GP-26(in No. 12434); Manoj Kumar, AC to GP-4, Sanjay Parasmani, AC to GP-4(in 12441); Sarvesh Kumar GP-24 (in 12444); K.K.Singh, AC to GP-22 (in 12525).

Headnote:

Bihar and Orissa Public Demand Recovery Act, 1914 – Sections 5 & 6 – Recovery Proceeding – Requisition(s) were not made on behalf of the requisitionists but has been filed by the Managing Director, Patliputra Central Cooperative Bank Limited which has absolutely no concern, so far as the agreement between the parties is concerned – It had no locus standi at all under the scheme under which crops insurance was done – In the absence of proper requisition and certificate, the entire proceedings of the Certificate Officer is without jurisdiction – Further, the provisions of the PDR Act should be strictly adhered and any deviations are declared bad in law – Entire certificate proceedings set aside – Writ petitions allowed. (Para 32)

Satya Narain Jhunjhunwala Vs. State of Bihar, 1996 (2) PLJR 698; Auto Cars Vs. Trimurti Cargo Movers Pvt. Ltd., (2018)15 SCC 166; M.L. Sridhar Reddy Vs. State of Bihar, 2023 (1) BLJ 459; Budha Singh Vs. State of Bihar, AIR 1981 (PAT) 149; Shaligram Dubey Vs. State of Bihar, CWJC 13981 of 2018; Awadh Kishore Prasad Vs. State of Bihar, CWJC No. 9448 of 2016; Hari Prasad Agarwalla Vs. State of Bihar, 1976 PLJR 265 – Relied.

G. Anupama Chakravarthy, J.—As identical issues are involved in all the Writ applications, they were heard and considered together and as such common order is being passed.

2. However, there is a slight variation of Certificate Case number in each of the Writ petition hence, for better appreciation of the case, the reliefs prayed for by one of the petitioners are quoted herein below:

3. The petitioner of CWJC No. 12411 of 2016 has filed the present Writ petition for the following reliefs:—

(I) To issue a writ of certiorari for quashing the entire proceeding of Certificate case no. 06/15-16 initiated under the provisions of Bihar & Orissa Public Demand Recovery Act (hereinafter referred to as the “PDR Act”) including the notice issued under Section 7 of the PDR Act.

(II) To issue writ of prohibition, prohibiting respondent Certificate Officer from proceeding any further or taking any steps in Certificate Case no. 06/15-16 pending before him.

(III) To grant any other relief or reliefs for which petitioner is entitled.

4. As stated above, the variation of only Certificate Case Number in each of the Writ petition, which are mentioned as below:—

In CWJC No. 12414 of 2016 : Certificate Case No. 05/15-16

In CWJC No. 12434 of 2016 : Certificate Case No. 9/15-16

In CWJC No. 12441 of 2016 : Certificate Case No. 07/15-16

In CWJC No. 12444 of 2016 : Certificate Case No. 10/15-16

In CWJC No. 12458 of 2016 : Certificate Case No. 8/15-16

In CWJC No. 12525 of 2016 : Certificate Case No. 11/15-16

5. The brief facts culled out of Writ petition(s) are that the petitioner in all the Writ petitions are registered Companies registered under the Companies Act and are licensed by the Insurance Regulatory Development Authority of India (in short referred to as ‘the IRDA”) as a non life Insurance Company and are leading General Insurance Companies in private sector.

6. It is submitted on behalf of petitioner(s) that the Govt. of India for the benefit of the farmers and to compensate loss of agriculture, due to adverse weather condition like deficit or excess rainfall, high and low temperature, humidity etc. initiated Weather Based Crop Insurance Scheme through Department of Agriculture & Cooperation, Govt. of India, for protection and benefit of farmers and Pilot Weather Based Crop Insurance Scheme (hereinafter referred to as WBCIS) was to be implemented in States of Union of India including Bihar. In Bihar, WBCIS was to be implemented by Bihar State Government through Department of Cooperative. It is further submitted that the Automatic Weather Stations (hereinafter referred to as AWS) were to be installed through third party vendors who were approved by the Department. Third party vendor for installing Automatic Weather Station were engaged by the petitioner(s).

7. It is further contended by the Learned Senior counsel for the petitioner(s) that WBCIS was for Kharif 2013 and Rabi 2013-14. Pilot WBCIS aimed to mitigate hardship of the insured farmers against likelihood of financial loss, on account of anticipated losses of crop resulting from incidence of adverse condition of weather parameters like deficit or excess rainfall, unseasonal rains, temperature, frost, humidity and all farmers, (loanee or non-loanee) cultivating paddy and maize crops were eligible for coverage under Pilot WBCIS. The Pilot scheme was compulsory for loanee farmers for the crop notified by the State Govt. in selected areas and optional for non loanee farmers. In case of loanee farmers, respective Bank of the farmers used to collect premium and those were transmitted to the Insurance Companies. Declaration/Proposal form is received through the Bank and the list of farmers is annexed to the declaration/ proposal form sent by the Bank. Several Insurance Companies including that of the petitioner(s) were empanelled for implementation of the said scheme vide Notification/letter no. 13011/01/2008- Credit II, Govt. of India, Ministry of Agriculture, Department of Agriculture and Cooperation, Krishi

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top