Hushen Mahamad Kadivar vs Union Of India

Gujarat High Court

Hushen Mahamad Kadivar vs Union Of India on 14 October, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                                  NEUTRAL CITATION




                             C/WPPIL/48/2025                                      ORDER DATED: 14/10/2025

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                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 48 of 2025
                                                  With
                          CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
                                 In R/WRIT PETITION (PIL) NO. 48 of 2025
                      =============================================
                                           HUSHEN MAHAMAD KADIVAR & ORS.
                                                      Versus
                                               UNION OF INDIA & ORS.
                      =============================================
                      Appearance:
                      MR.ADITYA J PANDYA(6991) for the Applicant(s) No. 1,2,3,4,5
                      MS.HETAL PATEL, ASST.GOVERNMENT PLEADER for                                             the
                      Opponent(s) No. 2,3
                      MR PRADIP D BHATE(1523) for the Opponent(s) No. 1
                      =============================================

                        CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                              SUNITA AGARWAL
                              and
                              HONOURABLE MR.JUSTICE D.N.RAY

                                                         Date : 14/10/2025

                                                  ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. This is a wholly misconceived petition filed in the nature of Public Interest Litigation in the second round by the same set of petitioners, who are (five in number).

2. Pertinent is to note that with regard to the claims of the petitioners about implementation of the Pradhan Mantri Fasal Bima Yojana (for short, "PMFBY") in the State of Gujarat, five petitioners herein had filed a Writ Petition (PIL) No.226 of 2018, which was disposed of vide judgment and order dated 20.02.2020 in the following manner:-

NEUTRAL CITATION C/WPPIL/48/2025 ORDER DATED: 14/10/2025 undefined "1. We have heard Shri Aditya Pandya and Mr. Bhaumik Dholariya, learned counsels for the petitioners, Ms. M.L. Shah, learned, Government Pleader assisted by Shri D.M.Devnani, learned Assistant Government Pleader for respondent No.2-State of Gujarat and Shri Siddhardh Dave, learned counsel for respondent No.1-

Union of India.

2. Learned counsels for the petitioners state that the petitioners would make a detailed representation to the Secretary, Agriculture, Farmers Welfare and Co-operation Department (Respondent No.2), giving complete details with relevant documents in support thereof with respect to the grievance of the farmers claiming crop insurance reimbursement. It is further stated that if such representation is filed, the same may be considered by the respondents.

3. Considering the facts and circumstances of the case, leaving it open to the petitioner to submit representation as observed above along with certified copy of this order, respondent No.2-Secretary, Agriculture, Farmers Welfare and Co-operation Department, Government of Gujarat will take appropriate decision on such representation strictly in accordance with law and will communicate the same to the representationists within a period of two months from the date of submission of such representation.

4. In view of the above, the petition is disposed off. Notice is discharged."

3. It is further pertinent to note that the petitioners herein further filed a contempt petition being Misc. Civil Application No.406 of 2022, arising out of the Writ Petition (PIL) No.226 of 2018, alleging non-compliance of the directions contained in the judgment and order dated 20.02.2020. In the contempt petition, vide judgment and order dated 08.06.2022, following directions have been issued:-

"This contempt proceedings have been initiated for alleged willful disobedience of the direction issued in Writ Petition (PIL) 226 of 2018 on 22.02.2020. This Court while disposing of writ petition had issued the following direction:

NEUTRAL CITATION C/WPPIL/48/2025 ORDER DATED: 14/10/2025 undefined "3. Considering the facts and circumstances of the case, leaving it open to the petitioner to submit representation as observed above along with certified copy of this order, respondent No.2-

Secretary, Agriculture, Farmers Welfare and Co-operation Department, Government of Gujarat will take appropriate decision on such representation strictly in accordance with law and will communicate the same to the representationists within a period of two months from the date of submission of such representation."

On account of non consideration of the representation as directed, complainant is before this Court. The learned Assistant Government Pleader who is on advance notice submits that representation would be considered within two (2) weeks from today. His submission and undertaking are placed on record and accordingly this contempt proceedings stands disposed of. However, we grant liberty to the petitioner to revive this contempt proceedings in the event of representation of the petitioner not being considered as undertaken before this Court."

4. It seems that pursuant to the directions issued by this Court in the judgment and order dated 20.02.2020 and the order passed in the contempt petition dated 08.06.2022, a detailed order dated 14.06.2022 has been passed by the Director of Agriculture, Gandhinagar dealing with the claims of the insured farmers of Wankaner Taluka, Morbi District for loss of crop in Kharif' 2016 and Kharif' 2017 under the scheme of PMFBY.

5. The order dated 14.06.2022 passed by the Director of Agriculture, Gandhinagar categorically records that for Kharif' 2016, PMFBY was implemented in the State of Gujarat vide Government Resolution dated 16.04.2016 and for Kharif' 2017, the PMFBY was implemented in the State vide Government Resolution dated 01.04.2017. In Wankaner Taluka, District Morbi, in Kharif' 2016, PMFBY was Page 3 of 7 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:11:21 IST 2025 NEUTRAL CITATION C/WPPIL/48/2025 ORDER DATED: 14/10/2025 undefined implemented for the Cotton (irrigated), Cotton (un-irrigated) and groundnut crops. Similarly, in Kharif' 2017, in Wankaner Taluka of Morbi District, PMFBY was implemented for Cotton (irrigated) and Groundnut crops.

6. There is a detailed discussion in the said order about the scheme following the stages of the crop and risk leading to crops loss covered under the Scheme. There is also a discussion about the claims of the five petitioners of Writ Petition (PIL) No.226 of 2018. The order records that out of five petitioners (the petitioners herein), two petitioners at serial Nos. 3 and 5 were found eligible for localized calamities claims for Rs.13,141/- and Rs.3,935/-; respectively. It was also noted therein that all five petitioners are insured farmers as per the information provided by the SBI General Insurance Company.

7. Total 15,147 insured farmers were found in Wankaner Taluka. After a detailed discussion in the order dated 14.06.2022, it was concluded that for Kharif' 2016, the HDFC conducted the claim settlement for Cotton crops and informed vide letter dated 10.06.2022 that no claims under any other risks were available to the farmers as per the operational guidelines of PMFBY.

8. However, for Kharif' 2017, it was noted that total 18,819 farmers were insured during Kharif' 2017 in Wankaner Taluka of Morbi District and their premium were deducted and remitted to SBI General Insurance Company. The Director of Agriculture has, thus, passed the final order in the following manner:-

NEUTRAL CITATION C/WPPIL/48/2025 ORDER DATED: 14/10/2025 undefined "Government of Gujarat vide its letters dated 10.06.2022 directed this directorate to examine the case and take necessary action in this regards, taking in to consideration of petitioner's representation dated 08.09.2020, information provided by Insurance Companies and concern district officials, Operational Guidelines of PMFBY and aim and objectives of the PMFBY. I am as a Director of Agriculture hereby pass the following order.

1. For Kharif- 2017 season, Claim settlement of Rs. 76,71,261/- for 917 insured farmers (As per Annexure-5, 6, and 7) is still pending Out of total 18819 insured farmers of Wankaner taluka of Morbi district. SBIGIC should pay eligible claims at earliest.

2. Moreover, Insurance Companies shall relook similar type of cases and claim settlement of Kharif-2016 & Kharif- 2017 seasons specifically in other talukas of Morbi district according to this order and shall pay eligible claims if any to insured farmers."

9. As noted hereinbefore in the order dated 14.06.2022 passed by the Director of Agriculture, the claims of each of the petitioners herein, who were also the petitioners in the Writ Petition (PIL) No.226 of 2018 (disposed of on 20.02.2020) have been considered. The only question remained, as such, is as to whether the claims of the five petitioners have been adjudicated or considered in a proper manner or not. There is no challenge to the order dated 14.06.2022 on behalf of any of the other farmers and even otherwise, such a challenge, if any, cannot be entertained in the nature of Public Interest Litigation.

10. Once there is an adjudication under the directions issued by this Court, for any grievances of the petitioners (five in number) for their individual claims, as considered in the order dated 14.06.2022, appropriate remedy is to file the writ Page 5 of 7 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:11:21 IST 2025 NEUTRAL CITATION C/WPPIL/48/2025 ORDER DATED: 14/10/2025 undefined petition before the appropriate Court. The present petition, in essence, has been filed raising individual grievances of the petitioners herein (five in number) under the garb of public interest litigation of other farmers. The contention of the petitioners that the claims towards crop insurance was for about more than 10,000 farmers and each one of them cannot approach this Court so as to maintain the present petition, is mileading.

11. We may also note from the averments made in the writ petition that there is no clarity as to the reliefs sought by the petitioners (five in number) in the prayer clause of the writ petition. Moreover, the prayer made in the writ petition to issue directions to the respondents to process the claims of various farmers in the year 2016 - 2017 and 2017- 2018 in view of the adjudication already made pursuant to the judgment and order dated 20.02.2020, is found misconceived.

12. We may also note that the petitioners herein have given three legal notices to the Director of Agriculture on 05.09.2022, 21.09.2023 and 27.03.2024 on the premise that there has been non-compliance of the order of this Court dated 20.02.2020. In one of the legal notices, the request has been made to comply with the order dated 14.06.2022 passed by the Director of Agriculture and consider the representation of the petitioners within two weeks from the date of receipt of the same, or else the petitioners will be left with no option but to revive the contempt petition or initiate any other proceedings before the High Court of Gujarat.

NEUTRAL CITATION C/WPPIL/48/2025 ORDER DATED: 14/10/2025 undefined

13. In the abovenoted fact scenario of the present petition, the present case filed in the nature of Public Interest Litigation being the second writ petition essentially for individual claims of the five petitioners herein, agitated in the garb of public interest, is liable to be dismissed as misconceived and is dismissed, accordingly. No order as to costs. Pending civil application stands disposed of.

14. However, liberty is with the petitioners to agitate their individual claims by initiating appropriate proceedings before the Court concerned. The dismissal of the present petition will not come in the way of the petitioner, if such a remedy is availed.

(SUNITA AGARWAL, CJ ) (D.N.RAY,J) SAHIL S. RANGER Page 7 of 7 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:11:21 IST 2025