SHAKUNTALA DHONDIRAM MUNDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and by consent of the learned counsel for the parties, taken up for final hearing.

(2.) By the present petition, filed under Article 226 of the Constitution of India, the petitioner prayed for issuance of writ of mandamus directing the respondents to enforce and implement the insurance policy adopted by them and to allow the valid insurance claim of the petitioner by awarding Rs. One Lac to the petitioner along with 18 per cent interest from due date and also prayed for issuance of writ of certiorari to quash and set aside the letter dated 27.1.2006 issued by respondent no.4. FACTUAL MATRIX :-

(3.) According to the petitioner, she is affected person because of unexpected accidental death of her son, which took place on 23.9.2005. Respondent no.1 is the Secretary of Department of Agriculture and Animal Husbandry, which is 'the State' within the meaning of Article 12 of the Constitution of India, which issued the Government Resolution dated 5.1.2005 for the benefit and safeguard of interests of family members of the farmers. Respondent no.2 is the Tahsildar, Parbhani, Taluka and District Parbhani, who is empowered to forward the claim to respondent no.4. Respondent no.3 is the Commissioner of Agriculture, Pune, who is having final authority for adjudication of the claims of the claimants in case of dispute and respondent no.4 is the insurance company, to whom the State of Maharashtra has paid the premium in connection with the personal insurance policy made for the benefits of the farmers and their family members, who reside in the State of Maharashtra.