Case Note & Summary
The petitioner, the Agricultural Produce Market Committee, Beed, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to release an ex-gratia amount of Rs.9,45,665/- for running an animal camp at Gaulwadi, District Beed, for periods from 09.01.2016 to 31.01.2016 and from 01.02.2016 to 16.02.2016. The background was that due to acute drought conditions in the 2015-2016 season in Beed, Latur, and Osmanabad districts, the Government decided to form cattle camps and issued a Government Resolution dated 20.08.2015 providing ex-gratia financial assistance. Condition no. 2 of the Resolution required a minimum of 500 cattle and a maximum of 3000 cattle per camp. The petitioner ran a camp but had only 200 cattle, which was below the minimum. The respondents refused to release the ex-gratia amount on this ground. The court considered whether the condition was mandatory or directory. The court noted that the camp was run in good faith to mitigate the hardship caused by drought, and the Government Resolution was intended to provide relief. The court held that the condition regarding minimum number of cattle was directory and not mandatory, and the petitioner was entitled to the ex-gratia amount. The court directed the respondents to release the amount within eight weeks.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Ex-gratia Relief - Petitioner sought direction to release ex-gratia amount for cattle camp run during drought - Court held that the Government Resolution requiring minimum 500 cattle was directory, not mandatory, and the camp was run in good faith to mitigate drought hardship - Held that the petitioner is entitled to the ex-gratia amount (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to ex-gratia financial assistance for running a cattle camp during drought, despite the camp having less than the minimum required number of cattle as per Government Resolution.
Final Decision
The court allowed the writ petition and directed the respondents to release the ex-gratia amount of Rs.9,45,665/- to the petitioner within eight weeks.
Law Points
- Ex-gratia financial assistance
- Government Resolution
- Cattle camp
- Drought relief
- Agricultural Produce Market Committee
- Writ jurisdiction under Article 226
Case Details
2021 LawText (BOM) (03) 14
WRIT PETITION NO. 4066 OF 2018
SUNIL P. DESHMUKH, ABHAY AHUJA
Mr. S.S. Thombre holding for Mr. S.B. Solanke for petitioner, Mr. S.P. Sonpawale, A.G.P. for respondents
The Agricultural Produce Market Committee, Beed, through its I/C Secretary Shri Ashok Atmaram Waghire
The State of Maharashtra through its Secretary, Revenue and Forest Department, The Divisional Commissioner, Aurangabad Division, The Collector, Beed
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Nature of Litigation
Writ petition seeking direction to release ex-gratia amount for cattle camp run during drought.
Remedy Sought
Petitioner sought a writ directing respondents to release ex-gratia amount of Rs.9,45,665/- for animal camp run at Gaulwadi, District Beed.
Filing Reason
Respondents refused to release ex-gratia amount on ground that camp had less than minimum required 500 cattle as per Government Resolution dated 20.08.2015.
Issues
Whether the condition of minimum 500 cattle in Government Resolution dated 20.08.2015 is mandatory or directory.
Whether the petitioner is entitled to ex-gratia financial assistance despite having only 200 cattle in the camp.
Submissions/Arguments
Petitioner argued that the camp was run in good faith to mitigate drought hardship and the condition was directory.
Respondents argued that the condition of minimum 500 cattle was mandatory and petitioner did not comply.
Ratio Decidendi
The condition regarding minimum number of cattle in a Government Resolution providing ex-gratia relief for cattle camps during drought is directory and not mandatory, and the petitioner who ran the camp in good faith is entitled to the ex-gratia amount.
Judgment Excerpts
By this petition filed under Article 226 of the Constitution of India, petitioner is seeking a writ directing the respondents to release the ex-gratia amount of Rs.9,45,665/- to petitioner for the animal camp run at Gaulwadi, District Beed for a period from 09.01.2016 to 31.01.2016 and from 01.02.2016 to 16.02.2016.
As per condition no. 2 of the said Government Resolution, to avail the ex-gratia financial assistance, the minimum number of cattle was of 500 and maximum of 3000 cattle in a camp.
Procedural History
The petitioner filed Writ Petition No. 4066 of 2018 before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking release of ex-gratia amount. The court heard the matter and delivered judgment on 09.03.2021.
Acts & Sections
- Constitution of India: Article 226
