KUNTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to pay to the petitioner the insured amount under comprehensive Crop Insurance Scheme for the period 2001 -2002 with interest thereon.

(2.) NOTWITHSTANDING voluminous pleadings, facts lie in a narrow compass.

(3.) IT is not in dispute that the petitioner besides other farmers took loan from the Central Cooperative Bank and the said Bank has deposited the premium for insurance of the crop with the General Insurance Company against crop failure. To assess failure of crop, under the scheme, the functionary of the State Government is to submit 16 crop cuttings experiment reports within the time stipulated. The Farmers had no role to play in sending the crop cutting experiment report. Petitioners claim insurance amount on the ground of the failure of the crop but the same is sought to be denied on the ground that under the scheme the functionary of the State Government was to submit 16 crop cutting experiment reports within the stipulated time which were not sent and as such the amount covered under the insurance is not fit to be given to the petitioners.