Bijli Mochi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7695 of 2018 ======================================================

1. Bijli Mochi Son of Shri Sonelal Mochi Resident of Ward No. 15, Chandharpur, Muktapur, District- Samastipur.

2. Mahendra Das Son of Shri Kishni Das Resident of Ward No. 15, Chandharpur, Muktapur, District- Samastipur.

3. Ramlagan Das Son of Shri Tahal Das Resident of Ward No. 15, Chandharpur, Muktapur, District- Samastipur.

4. Rajesh Das Son of Shri Upendra Das Resident of Ward No. 15, Chandharpur, Muktapur, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar represented through the Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2. The Director, Panchayati Raj Department, Govt. of Bihar, Patna.

3. The Commissioner, Darbhanga Division, Darbhanga.

4. District Magistrate, Samastipur.

5. The Deputy Development Commissioner, Samastipur.

6. The District Panchayati Raj Officer, Samastipur. null null

7. The Sub Divisional Officer, Samastipur.

8. The Block Development Officer, Kalyanpur, District- Samastipur.

9. The Panchayat Secretary of Gram Panchayat Raj Muktapur, BlockKalyanpur, District- Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Respondent/s : Mr. Pushkar Narayan Shahi -Aag6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-05-2018 It is the grievance of the petitioners that for implementation of the Rural Pipe Water Supply Scheme, in Gram Panchayat Raj, Muktapur, in Ward No.15, Block- Kalyanpur of District Samastipur, the State Government has sanctioned a sum of Rs.13,70,000/-. The amount has been released and has been credited in the account of the Panchayat concerned, but the Mukhiya and the Panchayat Secretary are

Patna High Court CWJC No.7695 of 2018 (2) dt.17-05-2018 sitting tight over the matter and are not implementing the scheme. Inter alia contending that in spite of representation submitted by the petitioners, the authorities are not looking into the matter, this writ petition has been filed for implementation of the scheme and utilization of the fund in question.

Keeping in view the aforesaid grievance of the petitioners, for the present, without entering into the controversy on merit, it is directed that, if the petitioners file a representation along with relevant documents before the District Magistrate, Samastipur (respondent no.4), respondent No.4 shall examine the matter and if it is found that the amount has been released and credited, but the Panchayat Secretary is sitting tight over the matter, necessary direction shall be issued for utilization of the fund and for implementation of the scheme in question.

The District Magistrate, Samastipur, is directed to ensure that the funds are utilized for the purpose for which it has been released and necessary action in this regard is taken under the supervision and direction of the District Magistrate.

With the aforesaid, this writ application is disposed off. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) U A.K.V./-