Nandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10755 of 2020 ====================================================== Nandan Sah Son of Late jagdish sah Resident of Village-Mahua, Police Station-Sonbarsa, District-Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

2.

The Director, Panchayati Raj, Government of Bihar, Patna. 3.

The District Magistrate, Saharsa.

4.

The Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad, Saharsa.

5.

The Block Development Officer, Mahishi, District-Saharsa. 6.

The Assistant Engineer, Local Area Engineering Organization, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2021 The present writ petition has been filed for directing the respondents to pay the admitted outstanding dues payable to the petitioner to the tune of Rs. 4,92,374/- pertaining to execution of Scheme No. 10 of 2015-16 under the 13th Finance Commission, which according to the petitioner has not been paid on account of want of funds.

The learned counsel for the respondent-State Shri Vikash Kumar, SC-11 submits that the petitioner may approach the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Saharsa i.e. the respondent no. 4 and he

Patna High Court CWJC No.10755 of 2020(2) dt.22-03-2021 2/2 shall take necessary steps for making payment of the admitted outstanding dues of the petitioner, if any.

Having regard to the submissions made by the learned counsel for the parties, I deem it fit and proper to disposes off the present writ petition with liberty to the petitioner to approach the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Saharsa for payment of the aforesaid outstanding dues and in case such a representation is filed within a period of four weeks from today, the same shall be disposed off within a period of six weeks thereafter and in case any admitted outstanding dues are found payable, the same shall also be paid within a further period of four weeks thereupon, failing which the same shall carry an interest @ of 6 per cent per annum, from the date the same became due up to the actual date of actual payment.

It is needless to state that henceforth, the petitioner shall not be at liberty to take recourse to the remedy available under Article 226 of the Constitution of India, with regard to the subject matter of the present case.

(Mohit Kumar Shah, J) S.Sb/- U