The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24568 of 2022 The Branch Manager, Oriental Insurance Company Ltd., Bargarh …. Petitioner Union of India & Ors. Mr. A. A. Khan, Adv. -versus- …. Opposite Parties Mr. P. K. Parhi, DSGI Mr. Rajeet Roy, Adv. CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 06.11.2023 03. 1. This matter is taken up through hybrid arrangement. 2. 3. Heard. In this Writ Petition, the Petitioner challenges the order dated 27.07.2022 under Annexure-14 passed by the Opposite Party No.4/ Collector, Bargarh recommending the Petitioner/ Insurance Company to release the insurance amount in favour of the remaining 181 number of farmers. 4. The fact of the case is that 187 farmers of villages Tarakana and Sirapali of Kharmunda Gram Panchayat under Bhatli Block in the district of Bargarh had insured Page 1 of 7 // 2 // their crops for Khariff 2018-19 under Pradhan Mantri Fasal Bima Yojana (PMFBY). During the insurance period, the crops of the above farmers got affected due to hailstorm on 23.11.2018 of Bhatli Block. Taking the said calamity into account, the Assistant Agriculture Officer, Udepali submitted the list of farmers whose paddy crop was affected due to hailstorm to the Deputy Director of Agriculture, Bargarh vide letter No.50 dated 30.10.2018. On receipt of the list of farmers affected from the hailstorm, the Deputy Director of Agriculture, Bargarh vide letter No.3478 dated 02.11.2018 requested to the Branch Manager, Oriental Insurance Company Pvt. Ltd., Bargarh to depute the field surveyor for assessment of crop loss. Later on a District Level Monitoring Committee Meeting under PMFBY was also held on 24.07.2019 under the chairmanship of the Collector & D.M., Bargarh, wherein the insurance claim sent by BLMC, Bhatli due to hailstorm was approved by the Committee and was decided to be sent to the DA & FP, Odisha, Bhubaneswar for consideration at SLMC. The said proceedings were communicated by the Deputy Director of Agriculture, Bargarh to the Director of Agriculture & Food Production, Odisha vide letter No.2112 dated 26.07.2019. Page 2 of 7 // 3 // 5. After assessment, the Director of Agriculture and Food Production, Odisha issued a letter No.21619 dated 05.08.2019 to the Principal Secretary to Government, A & FE Department-cum-Chairman, SLMC to approve the proposal as per principle and to recommend the same to the Cooperation Department for issuance of approval for estimated amount of Rs.69,66,609/-. The Government of Odisha, A & FE Department vide letter no.17799 dated 24.09.2019 approved the estimated claim of Rs.69,66,609/- for 187 farmers of Bhatli Block under Bargarh district towards crop loss assessed and intimated the same to the Cooperation Department to issue notification. The Cooperation Department has issued notification no.6685/Coop., dated 09.10.2019 regarding crop loss due to Localized Calamity (hailstorm) invoked in respect of 187 farmers of Bhatli Block under Bargarh District. But till date except 7 farmers out of total 187 numbers of farmers have received their claims regarding crop los during Kharif 2018 under PMFBY. 6. Being aggrieved by the State authorities, the present Opposite Party Nos.5 to 9 had approached this court in W.P.(C) No.35088 of 2021. This Court vide order Page 3 of 7 // 4 // dated 01.12.2021 disposed the said writ petition by passing the order as follows. “XXX Opposite Party No.4 is directed to deal with the representations, copies whereof are annexure-7 series in the writ petition. If necessary, said Opposite Party will enquire Opposite Party No.5 to participate and assist in the dealing. The consideration of the representation and decision taken thereon must be made within from communication of this order along with copies of the representations. Either payment of reasons for rejection of the claim or part payment must be made known to learned advocate of petitioners within that time.XXX” three weeks 7. In compliance with the order dated 01.12.2021 passed by this Court in W.P.(C) No.35088 the Opposite
Decision
Party No.4/Collector, Bargarh considered and disposed of the representation of the O.P. Nos.5 to 9 with the order as follows. it “XXX On verification of records, is ascertained that the complete list of 187 farmers duly verified by the Agriculture, Horticulture and Revenue Authorities was forwarded to the Insurance Company vide letter No.3476 dated 02.11.2018. Thereafter, the same had been produced in the DLMC and forwarded to SLMC vide letter No.2112 dated 26.07.2019, but the company has not taken any action on the list of 187 farmers except Page 4 of 7 // 5 // the six farmers for which the compensation was released. As such, it is proved that the insurance company failed to pay the crop insurance which was due to the farmers. Hence, Insurance Company Pvt. Ltd., Bargarh is directed to release the insurance amount within 15 days positively.XXX” the B.M., Oriental 8. The Petitioner, challenging the said order dated 22.12.2021 passed by the O.P. No.4/Collector, Bargarh, the present petitioner approached this Court vide W.P.(C) no.3368 of 2022, this Court vide order dated 07.07.2022 disposed of the said writ petition with the order as follows. “XXX Impugned order is set aside. The representations are restored to the Collector for being dealt with in light of the outstanding allegation of Petitioner, to be disposed of within four weeks of communication.XXX” 9. In compliance with the order dated 07.07.2022 passed by this court in W.P.(C) No.3368 of 2022, the Opposite Party No.4/Collector, Bargarh passed the order dated 27.07.2022 impugned in this writ petition. 10. The relevant portion of the order dated 27.07.2022 passed by the Opposite Party No.4/Collector, Bargarh are as follows. Page 5 of 7 // 6 // “XXX Conclusion 1. No. substantive proof has been produced by the to non- respect Insurance Company with cooperation by the farmers. 2. The DLMC has clearly recommended the cases of 187 farmers which was not objected by the representative of Insurance Company during DLMC or subsequently the matter was also not raised by the insurance company before the District Administration or the State Government. 3. Further, the Co-operation Department, of Odisha, Bhubaneswar vide Government notification No.6685/Coop., dated 09.10.2019 has approved the proposal for payment of claims due to localized calamity is invoked in respect of 187 farmers of Bhatli Block and has requested to the Chief Regional Manager, Oriental Insurance Company, Bhubaneswar to settle the claims immediately vide memo No.6686/Coop., dated 09.10.2019. Hence, the undersigned find no merit in the claim Insurance Company regarding non- of is cooperation by the recommended to the Insurance Company to release the insurance amount of the remaining 181 numbers of farmers at an early date.XXX” farmers and hence the it 11. Hence, the Petitioner is constrained to file this writ petition. 12. Perused the impugned order dated 27.07.2022 passed by the Opposite Party No.4/Collector, Bargarh and the contents of the Writ petition. Page 6 of 7 // 7 // 13. Having considered the averments made in the Writ Petition and perused the impugned order passed by the Opposite Party.No.4/Collector, Bargarh and on applying the judicious mind carefully on the materials available on records, this Court does not find any infirmity in the order dated 27.07.2022 passed by the Opposite Party No.4/Collector Bargarh so as to warrant interference by this Court on the same by invoking writ jurisdiction. 14. However, the Insurance Company is directed to release the insurance amount of 181 numbers of farmers at the earliest possible. 15. Accordingly, this Writ Petition is dismissed. . Sumitra Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Nov-2023 18:12:00 Page 7 of 7