TRIVENI PRASAD SINGH AND 5 OTHERS v. UNION OF INDIA AND 6 OTHERS
WRIC/1750/2020 · 2025-01-23
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6804 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6804 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12074-DB Court No. - 29 Case :- WRIT - C No. - 1750 of 2020 Petitioner :- Triveni Prasad Singh And 5 Others Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Durga Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Prahlad Kumar Khare,Sanjay Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioners are farmers who claim to be covered by the Pradhanmantri Fasal Beema Yojana and in terms of such scheme certain amount has been claimed towards insurance claim for the year 2017-18. According to the petitioners, their crop got destroyed due to natural calamities and, therefore, they were entitled to insurance claim in terms of the policy. Claim lodged by the petitioners was considered and various amounts got credited to the account of the petitioners on different dates in the month of October, 2018. Apparently, the petitioners were satisfied with such release of amount, however, without passing any order the amount credited in the account of the petitioners was unilaterally withdrawn by the Bank on the asking of the insurance company i.e. respondent no.7. Aggrieved by such unilateral withdrawal of amount from petitioners account of the sum earlier paid as insurance claim the petitioners have filed the present writ petition. A counter affidavit has been filed by the State according to which petitioners were not entitled to such amount and that the amount has been withdrawn by the Bank on the instructions of respondent no.7. We fail to appreciate as to how the amount already credited in the account of the petitioners could be unilaterally withdrawn when petitioners have neither been confronted in the matter nor any exercise was undertaken to hold the petitioners ineligible for such benefit. The manner in which the sums have been withdrawn from the account of the petitioners cannot be approved. However, as the District Magistrate happens to be the nodal agency for processing such claim of insurance, we deem it appropriate to remit the matter to the District Magistrate, Prayagraj who will ensure that claim of the petitioners in terms of the policy and in accordance with law is
got examined after notice to respondent nos.6 and 7. Such claim of the petitioners would be got determined within a period of three months.
If it is found that petitioners are entitled to payment of such amount their claim for payment of interest shall also be accorded consideration in terms of the policy. The District Magistrate will be at liberty to get the facts investigated by constituting a committee for such purposes, however, a speaking order would be passed by the District Magistrate in respect of the rights and contentions of the parties in terms of the above direction. Accordingly, the present writ petition is disposed of. Order Date :- 23.1.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad