Lakshmi Jagdamba Seva Sansthan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3501 of 2014 =========================================================== Lakshmi Jagdamba Seva Sansthan, Madhepura Village-Madhepur Purbi, P.S. Madhepur, District- Madhubani Through Its Chairman, Shri Dev Kant Singh, Son Of Jagdish Singh Resident Of Village- Basipatti, P.S. Bheja, Distt.- Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar through the Commissioner (Swarojgar), Department of Rural Development, Bihar Patna

2. The Commissioner (Swarojgar) Department of Rural Development, Bihar, Patna

3. The District Magistrate, Madhubani

4. The Deputy Development Commissioner-Cum-Project Director, District Rural Development Agency, Madhubani

5. The Block Development Officer, Madhepur, P.S. Madhepur, District- Madhubani .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Uday Bhanu Rai Mr. Baleshwar Kamat For the State Mr. RAJIV ROY Mr. Arun Kumar, AC to GP 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 22-09-2016 As prayed, let the Director, Accounts, Administration and Self-Employment, Govt. of Bihar, Patna be impleaded as party respondent no.6.

Heard Mr. Uday Bhanu Rai for the petitioner and AC to G.P.I for the State.

Parties have exchanged pleadings.

The petitioner is a registered non governmental organization (NGO) represented by its Chairman. It is stated that under the Swarn Jayanti Swarojgar Yojna (for short 'the SJSY'), sponsored by the Central Government and the State Government jointly, the petitioner was

Patna High Court CWJC No.3501 of 2014 dt.22-09-2016 2/3 assigned the job of imparting basic training as well as skilled development training to diverse self help groups to be constituted by the NGO itself. The petitioner claims to have completed the job assigned to it by the respondent(s). Certain payments were made while the scheme was operational. However, the entire dues of the petitioner was not cleared and paid. In such circumstance, the petitioner made a representation to the Deputy Development Commissioner who is in-charge at the district level of the Yojna. The Deputy Development Commissioner, on examination/verification, under order dated 07.12.2013 rejected the claim of the petitioner for payment of the entire dues. In other words, the monetary claim of the petitioner was disputed by the respondent. In the writ jurisdiction, the Court can direct payment of the dues if the same is/are admitted dues.

It has been strenuously urged that the Block Development Officer had made several recommendations for payment of the entire dues which was/were, however, turned down arbitrarily by the Deputy Development Commissioner.

Be that as it may, the Court in such circumstance, would be reluctant to direct payment of such monetary claim as the same is not the admitted dues. However, the petitioner may represent his/its claim before the higher authority for redressal of the grievance. The authority would be well-equipped to consider such claim with reference to the records/papers. It is submitted by Mr. Roy that the Director, Account, Administration and Self Employment is the appropriate authority in the case at hand.

The writ application stands disposed of permitting the

Patna High Court CWJC No.3501 of 2014 dt.22-09-2016 3/3 petitioner to represent his grievance before the Director, Account, Administration and Self-Employment, Govt. of Bihar, Patna (respondent no.6). If any such representation is filed, the same shall receive due consideration and disposal at the hands of the said respondent in accordance with law expeditiously.

(Kishore Kumar Mandal, J) HR/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.09.2016 Transmission Date