Sharda Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15659 of 2016 ===========================================================

1. Sharda Devi W/o resident of Village and P.O.- Bhuwal Chhapra, District- East Champaran. Presently the member of Disrtrict Board, Ward No.34, Kalyanpur, District- East Champaran.

2.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate-cum-Chairman, District Water and Cleanline Commitee, East Champaran, Motihari.

3. The Executive Engineer-cum-Member Secretary, District Water Cleanine Committee, East Champaran, Motihari.

4. The Executive Engineer/Health Division Motihari, District- West Champaran.

5. The Assistant Engineer, Public Health Sub Division Motihari, District- East Champaran.

6. The Block Development Officer, Kalyanpur, District- East Champaran.

7. The Block Co-ordinator, Kalyanpur, District- East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ramendra Kumar Bharti For the State : Mr. Upendra Pratap Singh, AC to SC 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 07-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner has made a claim that she was a member of District Board and at whose instance 645 persons under the Swachch Bharat Mission have constructed the septic tank toilets. Under the Scheme the Government has to pay the amount of subsidy to the

Patna High Court CWJC No.15659 of 2016 dt.07-03-2017 beneficiaries.

From the record it appears that 645 persons have constructed septic tank toilet under Swachch Bharat Mission. The district administration was obliged to make verification on spot of construction of septic tank toilet and in the event of finding in positive was required to release the subsidy amount to the beneficiaries but beneficiaries have been deprived of such benefit. Petitioner has filed the present writ petition for their behalf.

In such circumstances, the District Magistrate, East Champaran, Motihari is directed to procure list of 645 beneficiaries, constitute a team, get it verified on spot about truth of construction of septic tank toilet and the finding comes in favour of the beneficiaries in such circumstances, the District Magistrate, East Champaran, Motihari will be obliged to release the subsidy amount. If the District Magistrate does not find favour with release of subsidy amount will pass a reason order in accordance with law within a period of six months from the date of receipt/production of a copy of this order. If the District Magistrate finds that some cases verification has been made in such circumstances without any delay fund will release the subsidy

Patna High Court CWJC No.15659 of 2016 dt.07-03-2017 beneficiaries.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 8.3.2017 Transmission Date NA