Bangali Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.4310 of 2015 (2) dt.29-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4310 of 2015 ====================================================== Bangali Prasad Son of Gujraj Prasad Resident of Village- khap Maksudpur, Police Station- Jadopur, District- Gopalganj, .... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Govt. Bihar, Patna,

2. The Principal Secretary, Rural Development Department , Govt. of Bihar, Patna,

3. The District Magistrate , Gopalganj,

4. The Deputy Development commissioner, Gopalganj,

5. The District Programme Co-ordinator, Mahatma Gandhi Nation Rural Employment Guarantee Yojana , Gopalgan,.

6. The Block Programme Officer, MNREGA, Sadar Gopalganj Block, Gopalganj, .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : M/s Sanjay Kumar and Lokesh Kumar Singh, Advocates For the State : Ms Madhubala Verma, AC to GA 2 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-04-2015 I have heard learned counsel for the petitioner and the State.

Petitioner seeks direction for payment of dues of Rs. 19,95,544/- against the work completed in scheme no. 52/1011, 66/10-11, 69/10-11 and 73/10-11 under the Mahatma Gandhi National Rural Employment Guarantee Scheme.

It is submitted that after completion of the work, the petitioner is running from pillar to post for getting payment and no heed has been paid by the authorities.

In above view of the matter, this writ application is being disposed of with a liberty to the petitioner to approach the

Patna High Court CWJC No.4310 of 2015 (2) dt.29-04-2015 District Magistrate, Gopalganj, i.e., respondent no. 3, by filing a representation along with copies of all the relevant documents. In such case, let the District Magistrate, Gopalganj consider the matter of the petitioner and take a decision in accordance with law. If he finds that such amount or any amount is admittedly due and is to be paid to the petitioner then steps should be taken immediately for payment of the same preferably within eight weeks. In case he comes to the conclusion that no amount is required to be paid to the petitioner then he should pass a reasoned order and communicate the same to the petitioner. It is further made clear that if the District Magistrate, Gopalganj comes to the conclusion that the amount is due and admitted and still no payment is made within the aforesaid period then such amount would carry simple interest at the rate of 10% per annum to be calculated from the date it became due till the date of its final payment.

(Dr. Ravi Ranjan, J) SC/- U