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2022 Supreme(Guj) 1108

A. P. THAKER
Universal Sompo General Insurance Co. Ltd. – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mihir Joshi, Senior Counsel with Mr. Mitul Shelat with Ms. Raveena Kinkhabwala with Ms. Disha N. Nanavaty.
For the Respondent: Ms. Jyoti Bhatt, Mr. Pathik M. Acharya.

JUDGMENT :

1. With the joint request of the learned advocate for the parties, the matter has been heard finally at admission stage.

2. The petitioner has filed the present petition under Article 226 and 227 of the Constitution of India for the following reliefs :-

    “(A) This Hon’ble Court may be pleased to issue a writ of Mandamus or any other writ order or direction to quash and set aside the order of the State Government at Annexure-B.

(B) As an ad interim ex-parte relief stay the order of the State Government at Annexure B.

(C) This Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No. 1 to release an amount of Rs. 216.93 crores towards the pending state share of subsidy for Kharif Season 2019 to the Petitioner.

(D) Your Lordships be pleased to pass such other and further orders as the facts and circumstances of the case may require.”

3. The brief facts giving rise to the present petition are as under:-

3.1. The Central Government has notified Pradhan Mantri Fasal Bima Yojana (hereinafter referred to as PMFBY) in the year 2016 for the benefit of the farmers against the loss/ failure of the crop due to na

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