Indira Nari Kalyan Sewa Sansthan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.32 of 2013 ====================================================== Indira Nari Kalyan Sewa Sansthan through its Principal Secretary Chandrawati Chaurasiya, resident of Mohalla- Mathariya at Biharsharif, P.S.- Laheri, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The District Magistrate, Nalanda.

4. The Chief Executive Officer cum Deputy Development Commissioner, District Rural Development Organization, Nalanda.

5. The Director, District Rural Development Organization, Nalanda.

6. The Sub Divisional Officer, Bihasharif.

7. The Block Development Officer, Noor Sarai Block, Nalanda.

8. The Block Extension Officer (Industries and Commerce), Noorsarai.

9. The Block Lady Extension Officer, Noorsarai Block, Nalanda.

10. The In-charge Officer, Block Swarn Jayati Gram Swarojgar Yojna, Noorsarai, Nalanda.

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Respondent/s : Mr. Rajesh Kumar Sinha, AC to GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02-11-2015 Despite valid service of notice the Chief Executive Officer cum Deputy Development Commissioner, District Rural Development Organization, Nalanda as well as the Director, District Rural Development Organization, Nalanda have not chosen to appear.

Heard the parties.

The limited grievance of the petitioner is regarding part payment of the honourarium for the work done by the petitioner under the Swarn Jayanti Gram Swarojgar Yojna in

Patna High Court CWJC No.32 of 2013 (3) dt.02-11-2015 terms of the agreement entered in between the Secretary of the petitioner organization and the Chief Executive Officer, District Rural Development Organization, Nalanda, a copy of which is placed at Annexure-1 to the writ petition. According to the petitioner, as against a bill raised by the petitioner to the tune of Rs.1,48,000/- for the work done by the petitioner-organization they have been paid a sum of Rs.98,000/- leaving a balance of Rs.50,000/-. It is in consideration of the nature of grievance that notice was issued to respondent nos.4 and 5 but as stated above they have not chosen to appear.

In circumstances, instead of keeping this writ petition pending the same is disposed of with liberty to the petitioner to raise his claim before the Chief Executive Officer, District Rural Development Organization, Nalanda cum Deputy Development Commissioner along with the supportive documents and any such claim raised by the petitioner would be considered and disposed of by the respondent no.4, the Chief Executive Officer cum Deputy Development Commissioner, District Rural Development Organization, Nalanda within a period of six weeks from the date of filing of the claim by the petitioner. It also goes without saying that if the claim of the petitioner is upheld, then the necessary payment be made within four weeks

Patna High Court CWJC No.32 of 2013 (3) dt.02-11-2015 thereafter. However, in case the claim is not found favourable then the same be disposed of by speaking order to be passed within six weeks of the filing of the claim.

The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U