HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 852/2025 Bheema Ram S/o Kalla Ram Patel, Aged About 44 Years, Working As Chairman Of Narnadi Gram Sewa Sahkari Samiti Limited, Through Its Chairman, Village Post Narnadi, Tehsil Luni, District Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Agriculture And Horticulture, Government Of Rajasthan, Secretariat, Jaipur

2. The Bajaj Allianz General Insurance Company Ltd., Ge Plaza, Airport Road, Yerwada, Pune 411006 Maharashtra

3. The Jodhpur Central Cooperative Bank Ltd., Managing Director, Jodhpur, Manji Ka Hatta Paota, Jodhpur

4. Deputy Director, Department Of Agriculture, Government Of Rajasthan, Having Its Office At Paota, Jodhpur Rajasthan.

----Respondents For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. Param Veer Mr. Vinay Kothari HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE ANAND SHARMA

Order

09/12/2025

1. The present writ petition has been filed in the shape of ‘Public Interest Litigation’ with the following prayer:-

“It is therefore, humbly prayed on behalf of farmer that this writ petition for Public Interest Litigation may kindly be allowed and by an appropriate, writ, order or direction may kindly be issued to respondent and the following directions may kindly be passed:-

a) The act of the Respondents insurance company for not making the payment of the Crops Insurance claim to the farmers of the Gram Sewa Sahkari Samiti Narnadi may kindly be declared illegal, arbitrary and unconstitutional.

b) By an appropriate direction or order the respondents may be directed to rectify the unit village in the records and thereafter, ensure the amount is disbursed to the farmers of the village Bhandu Kalan, Katarda Dhumbali of Tehsil Luni, District Jodhpur.

c) By an appropriate direction the respondents may kindly be directed to determine the claim amount of Kharif year, 2019 of the farmers and further directed to disburse the same in account of the farmers.

d) That the respondents may also be directed for payment of interest @ 16% per annum upon the compensation amount from September 2019 to date of the actual disbursement of the amount.

e) That any other relief, which this Hon’ble Court deems fit, by which the petitioner may get full justice may also be allowed.”

2. Learned counsel for the petitioner submits that only on account of non-mentioning of correct name of Patwar Circle, claims of members of Cooperative Society regarding payment of compensation for the damage caused to the crops have been denied by the respondents.

3. Learned counsel appearing for the respondents submits that all 28 affected farmers approached this Court by way of filing writ petition (SBCWP No.8527/2020), which was decided on 29.01.2021 and for non-compliance of the direction issued on

29.01.2021, contempt petitions have already been filed, which are still pending consideration. Learned counsel further submits that for the same cause of action, the present public interest litigation is not maintainable.

4. We have considered the submissions advanced by counsel representing both the parties and have gone through relevant record of this case.

5. Undisputed facts of the present case are that on account of non-payment of compensation for the damages caused to crops, the matter was agitated by all those 28 persons by filing writ petition, which was disposed of by learned Single Bench and for non-compliance of the orders passed by learned Single Bench, contempt petitions have been filed, which are pending consideration. The present PIL has also been filed for redressal of the grievance of those 28 persons. In the considered opinion of this Court, filing of the present PIL is nothing, but a gross abuse of process of law.

6. At this stage, learned counsel for the petitioner seeks permission to withdraw the preset public interest litigation. He is permitted to do so.

7. Accordingly, the present writ petition is dismissed as withdrawn.

(ANAND SH