Om Prakash Mishra vs The State Of Bihar
2023 Latest Caselaw 2392 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6738 of 2023
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Om Prakash Mishra Son of Late Jagarnath Mishra Resident of Village- Goithaha, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary of Cooperative Department, Govt.

of Bihar.

2. The Collector of East Champaran, at Motihari.

3. The District Cooperative Officer, East Champaran at Motihari.

4. The Block Cooperative Officer, Harsidhi, District- East Champaran.

5. The Agriculture Insurance of India, Regional Office, 1st Floor, Yunush Cooperative, Near Sukriti Apartment, S.P. Verma Road, Patna, Bihar.

6. The Managing Director, Agriculture Insurance Company of India, Bihar at Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar No.1, Advocate For the Respondent/s : Mr. Uday Shankar Sharan Singh (GP-19) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 15-05-2023

The writ petition has been filed claiming release of the

insurance amount due to the petitioner for reason of failure of

crops in the year 2011-12. The petitioner claims that he applied

for insurance of crops in pursuance to a publication dated

15.10.2011, which is produced as Annexure-1. The petitioner had

applied for the same and also had circulated the scheme to the

entire farmers being the PACS, President of Kritpur Panchayat, Patna High Court CWJC No.6738 of 2023 dt.15-05-2023

Harsidhi Block, East Champaran. Seventy-two farmers took the

insurance claim and all of them deposited the premium as per the

condition of the policy. A total amount of Rs.74,900/- is said to be

deposited by the farmers of Kritpur Panchayat through Axis Bank,

Madhuban Chhwani Chauk, Motihari. The list of such farmers is

produced as Annexure-2. The petitioner has produced a rent

receipt dated 26.07.2011, which is produced as Annexure-3.

It is contended that in the year 2011-12, Rabbi crops

were badly affected by the weather and got destroyed, but no

insurance was paid. The petitioner has made a representation

before the District Cooperative Officer as well as the Managing

Director, Agriculture Company, Patna and before the Secretary,

Cooperative Department, Government of Bihar. A copy of the

representation is produced as Annexure-4 dated 17.12.2012. Again

representations are said to have been made, one of which is dated

30.01.2013, produced as Annexure-5. The petitioner, thus, seeks

for release/disbursal of insurance amount.

At the outset, it is to be noticed that though the

petitioner made submissions regarding all the farmers having

taken insurance for their crops, no relief is claimed for the others.

Even for the petitioner, the claim is of the year 2011-12. Two

representations are said to have been filed, one in the year 2012 Patna High Court CWJC No.6738 of 2023 dt.15-05-2023

and the other in the year 2013. The petitioner did not do anything

after that. The petitioner has approached this Court with the

present writ application eleven years, after the year in which the

crops were destroyed and ten years from the year in which the last

representation was filed. There is absolutely no reason why this

Court should invoke the extraordinary discretionary remedy at this

stage, especially in favour of a person who has been lethargic in

seeking his remedy before the Courts of Law and has done

nothing but filed representations. The Hon'ble Supreme Court has

also held that unrepresented memorials would not condone delay

caused in approaching Courts of Law.

In the present case, after 2013, the petitioner has done

absolutely nothing to agitate his grievance. The writ petition,

hence, would stand dismissed.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) sharun/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          18.05.2023
Transmission Date       N/A