Andhra Pradesh High Court
WP/26085/2023 of DHEERAVATHU NAGENDRA BABU Vs THE STATE OF AP on 29 December 2023
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26085 OF 2023 Between: 1. Dheeravathu Nagendra Babu, S/o Venkateswaralu Age About. 31 Aadhar
IN THE HIGH COURT OF ANDHRA PRADESH(Special Original Jurisdiction)
:: AMARAVATI
FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 26085 OF 2023
Between:
1.Dheeravathu Nagendra Babu, S/o Venkateswaralu Age[About.]31 AadharNo.[REDACTED]No.[REDACTED]
2.Dhiravath Saandya, S/0 Vasrm Age About. 82 Aadhar No.7807 4209 91603.Diravath Sriramulu, S/0 Somalanayak Age About72 Aadhar No.9038 356214163.Diravath Sriramulu, S/0 Somalanayak Age About72 Aadhar No.[REDACTED]
4.Kakani Yesu, S/0 Basavaiah Age About. 74 Aadhar No.2250 7419 03755.Dheeravathu Bhaakya, S/0 Rakya Age About. 62 Aadhar No.[REDACTED]AllPetitionersare residents coming under Machinenipalem RBKCentre,Machinenipalem village, Vatsavai Mandal, Krishna District5.Dheeravathu Bhaakya, S/0 Rakya Age About. 62 Aadhar No.[REDACTED]AllPetitionersare residents coming under Machinenipalem RBKCentre,Machinenipalem village, Vatsavai Mandal, Krishna District
AND
...PETITIONER(S)
1. The State of AP, Rep by its Special Chief Secretary Agriculture andCooperation Department, Secretariat Buildings Velagapudi,[Amaravati.]Cooperation Department, Secretariat Buildings Velagapudi,[Amaravati.]2.The Commissioner and Director, Agriculture, A.P[Guntur.]
3.The District collector, NTR District, Vijayawada
4. The Joint Director of Agriculture, NTR District, Vijayawada
5.The District Agriculture Officer, NTR District, Vijkayawada.
6.The Assistant Director of Agriculture, Jaggaiahpeta,[NTR][ District.]
7.The Mandal Agriculture Officer, Vatsavai Mandal, NTR[ District.]
...RESPONDENTS
Petition under Article 226 of the Constitution of India prayingthatin thecircumstancesstatedin theaffidavitfiledtherewith,theHighCourt maybepleased to issue a writ, order or direction more particularly one[ in][ the] nature[ of][ writ]of Mandamus declaring the actionof the respondentsinnot payingthe cropinsurance amountinrespectofkharif 2021tothepetitionersintermsofG.O.Ms.No.33 Dt.09-05-2022 of the 1st respondent in spite of having insured chillicropintheir respective lands under Dr.YSRfreecropinsuranceundercropdamage compensation scheme through e-panta registration as per the detailsin Ex-P2 representationDt. 18-08-2023 and list of rythus[attached][ there][ to][ the][ writ]petition andin spite of the proceedingsin RC No.A2/03/E-Crop/2[022]Dt.20-06-2022of the respondent No.6 and proceedingsin RC.No.C2/86/2022Dt.08-11-2022 and 01-12-2022 of the respondent No.5 as the same is illegal, arbitrary anddiscriminatorybesidesbeingviolativeofArticles14,21and300Aoftheconstitution of India and consequently direct the respondents to pay insuranceamount under Dr.YSRfree crop insurance under crop damage compensationscheme for Kharif 2021 to the petitioners respectively[in][ terms][ of][ the][ above][ G.O]and the proceedings mentioned above of the 5th and 6th respondents.
lA NO:1 OF 2023
Petition under Section 151 CPC praying that in the[circumstances][ stated][ in]the affidavit filed in support of the petition, the High Court may be pleased to directthe respondents to pay insurance amount under Dr.YSR free crop insurance undercrop damage compensation scheme for Kharif 2021chilli crop to the petitionersrespectively forthwith as per the details shown in Ex-P2 statement attached[ to][ the]representations pending disposal of the above writ petition.
Counsel for the Petitioner(s): SRI. P PRABHAKAR RAO
Counsel for the Respondents 1 to 7: GP for AGRICULTURE
The Court made the following; ORDER
THE HONOURABLE SMT JUSTICE V. SUJATHA
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ORDER:
This Writ Petition is filed under Article 226 of the Constitutionof India seeking the following relief:
“to issue a writ, order or direction, more particularly[one][ in]the nature of writ of Mandamus declaring the action of therespondentsinnot payingthe crop insurance amountinrespectof Kharif 2021tothe petitionersin terms of G.O.Ms.No.33 Dt.09.05.2022 of the1^* respondent in spite ofhaving insuredchilli cropin their respective lands[under]Dr. YSR free crop insurance under crop damage compensationscheme through e-panta registration as per the detailsinExP2representationDt.l8.08.2023andlistofrythusattachedtheretothewritpetitionandinspiteoftheproceedings in RC No.A2/03/E-Crop/2022 Dt.20.06.2022 ofthe respondent No.6 and proceedings in RC. No.C2/86/2022Dt.08.11.2022 and 01.12.2022 of the respondent No.5[as][ the]sameis illegal, arbitrary and discriminatory besides beingviolative of Articles14, 21 and 300A of the constitution ofIndiaandconsequentlydirecttherespondentsto payinsurance amount under Dr. YSR free crop insurance[under]crop damage compensation scheme for Kharif 2021to[the]petitioners respectively in terms of the above G.O.andtheproceedingsmentionedaboveofthe5'hand6threspondents... ”
.
2. HeardlearnedcounselforthepetitionersandlearnedGovernmentPleaderforAgricultureappearingfortherespondents.GovernmentPleaderforAgricultureappearingfortherespondents.
3. Learnedcounselforthepetitionerssubmitsthatthepetitioners are the farmers and their crops were damaged[due][ to]drought situation prevailing in their village i.e., Machinenipalempetitioners are the farmers and their crops were damaged[due][ to]drought situation prevailing in their village i.e., Machinenipalem Village,VatsavaiMandal,AndhraPradesh.TheconcernedMandal of the petitioners was declared as drought hit[area][ and]hence the petitioners are entitled for compensation[under][ “Dr.]YSRFree Crop Insurance Scheme”.OncetheMandal wasdeclared as drought prone Mandal, the said Crop InsuranceSchemewillbeapplicabletoallthefarmers whosuffereddamage of crops due to droughts. Accordingly, the petitionersmade required applications and provided all the particularstothe respondents for payment of the compensation underthesaid scheme.Inspite of the representations made bythepetitioners, there is no action on behalf of the respondents[to]paythecrop insurance amount.Hence,thepresentWritPetition.
4. Ontheotherhand.Ontheotherhand,learnedGovernmentPleaderforAgriculture,onwritteninstructionsdated 28.12.2023 received from the Special CommissionerofAgriculture, Guntur, wherein it is stated as under The team observedthat,the entire Chilly records havebeen erroneously booked under this Machinenipalem RBK[with]irrigation source as “others” and hence, the total records have notreceived for completing insurance validation during April 2022 dueto technical reason.Accordingly, the enquiry team[recommended]to consider the plea of the 4 petitioners, who have completed all \I
key steps (except Insurance validation) as a specialcaseand.process for payment of claim.
Initiatingthe process for payment,thelistof the4petitioners who have completed all key steps ( except[Insurance]validation) as a special case and process for payment of claim.Initiating the process for payment, the list of 4 petitionerswassent to M/s.Bakertilly, (Software agency engaged for e-cropbooking during Kharif 2021) for updating in the source of Irrigationas Irrigated to make them eligible for claim,Oncetherecordsagainst each booking IDis updated,the paymentlistwillbegenerated.”
5. LearnedGovernmentPleaderfurthersubmitsthatthepetitioners1, 3 to 5 are eligible and thepetitionerisnoteligible, for payment of the compensation under the[Scheme.]petitioners1, 3 to 5 are eligible and thepetitionerisnoteligible, for payment of the compensation under the[Scheme.]
6. Learned counsel for the petitioners submits that the2"^petitioner, who is not found eligible under the scheme, may begiven liberty to proceed further if he convinces the respondentauthorities with proper material and evidence.petitioner, who is not found eligible under the scheme, may begiven liberty to proceed further if he convinces the respondentauthorities with proper material and evidence.
Considering the abovesubmissions andin viewof theabove instructions submitted by the Special CommissionerofAgriculture,dated28.12.2023,therespondentsareherebydirected to pay the amount entitled by the petitioners1, 3 to 5as per the proceedings within a period of three (03)[months][ from]
the date of receipt of this order and the 2'^^ petitioner is at libertyto submit all the required documents and evidence before theauthorities concerned for further consideration.
B.Accordingly, the Writ Petition is disposed of. There[shall][ be]no order as to costs.no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
Sd/- K.J. RAJA BABUASSISTANT REGISTRARSECTION OFFICER
//TRUE COPY//
To,
1. The Special Chief Secretary Agriculture and Cooperation Department, Stateof AP, Secretariat Buildings Velagapudi, Amaravati.of AP, Secretariat Buildings Velagapudi, Amaravati.
2. The Commissioner and Director, Agriculture, A.P Guntur.
3. The District collector, NTR District, Vijayawada
4. The Joint Director of Agriculture, NTR District, Vijayawada
5. The District Agriculture Officer, NTR District, Vijayawada.
6. The Assistant Director of Agriculture, Jaggaiahpeta,[NTR][ District.]
7. The Mandal Agriculture officer, Vatsavai Mandal, NTR[District]
8. One CC to SRI. P PRABHAKAR RAO Advocate [OPUC]
9. Two CCs to GP for AGRICULTURE, High Court of Andhra Pradesh fOUTllO.Three CD CopieslO.Three CD CopiesMadhu gl HIGH COURT
DATED:29/12/2023
ORDER
WP.No.26085 of 2023
OFooX.\o2 8 MAY 20?^I
ic>/ipjp3151
DISPOSING THE WP WITHOUT COSTS