Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7360 of 2023 ====================================================== Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra 103, Ramalaya Apartment, Vijay Nagar, Rukunpura, Patna through its Secretary Dilip Kumar, aged about 46 years, Son of Sri Mohan Sharma, Resident of VillageKhokhari, P.S. Arwal, District- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Rural Development Agency, Government of Bihar, Patna. 2.

The Director, Public Administrator and Self Employment, Buxar, Bihar. 3.

The Deputy Development Commissioner, Buxar, Bihar. 4.

The District Magistrate, Buxar, Bihar.

5.

The Senior Accountant officer-Cum-Nodal Officer (Indira Awas Yojana) District Rural Development Authority, Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry, Advocate For the Respondent/s :

Mr.Kumar Alok, (SC-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 21-09-2023 Learned counsel for the petitioner states that inspite of the petitioner completing the works and submitting the bills the authorities are not paying the amounts due to the petitioner. Learned counsel has stated that the petitioner has made several representations to the authorities but they have not considered them and the amounts are not paid to the petitioner. Therefore, learned counsel seeks a direction to the concerned authorities i.e., respondent no. 3, herein to consider the representation made

Patna High Court CWJC No.7360 of 2023(3) dt.21-09-2023 2/3 by the petitioner and pay the amounts due to the petitioner.

2. Per contra, the learned counsel appearing on behalf of the respondent has stated that none of the representations have made by the petitioner and any acknowledgment that the representations have been received by the authority concerned. Therefore, learned counsel has stated that the petitioner may be directed to make a fresh representation to the respondent no. 3 and the respondent no. 3 may be directed to pass necessary orders on the said representation.

3. Having regard to the above submissions, without going into the merits or demerits of the case, the writ petition is disposed of with a direction to the petitioner to make a fresh representation to the respondent no. 3 ventilating his grievance within a period of four weeks from the date of receipt of this order. On receipt of the representation, the respondent no. 3 shall consider the same and pass necessary orders strictly in accordance with law. In case, the respondent no. 3 is of the opinion that the claim made by the petitioner is genuine one and the claim made by the petitioner needs to be paid, necessary arrangement for making the said payment shall be made within a period of fours weeks thereof. In case the authority comes to the conclusion that the amounts need not be paid then the

Patna High Court CWJC No.7360 of 2023(3) dt.21-09-2023 3/3 authority shall pass a reasoned order for rejecting the claims. Any order passed shall be communicated to the party. (A. Abhishek Reddy , J) aditi/- U