Shivbahadur Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2368 of 2020 Shivbahadur Singh S/o Balwant Singh Aged About 51 Years R/o Behind Balak Primary School, Ward No. 8, Geedam, District Dantewada (Chhattisgarh).

---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan Mantralaya, Atal Nagar, Raipur, District - Raipur (Chhattisgarh).

2.

Collector Dantewada District Dantewada (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Nasimuddin Ansari, Advocate For State :

Mr. Raghvendra Verma, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16/10/2020 1.

The challenge in the present writ petition seems to be the order passed by the District Collector, District South Bastar, Dantewada dated 09.04.2014, whereby the learned District Collector has rejected the application of the petitioner to release cash of Rs. 73,597/-, that is the difference of amount from the Rs. 1 lakh which was sanctioned in favour of the petitioner under the Sanjeevni Kosh by the State Government.

2.

At the outset, this Court is of the opinion that the writ petition suffers from inordinate delay. The order passed by the District Collector was on 09.04.2014 and the present writ petition now is being filed in August, 2020 i.e. after a period of more than 6 years. No plausible

explanation has been provided for the delay caused. Moreover, the plain reading of the impugned order of the Collector would show that the claim of the petitioner was rejected on the ground that there was no provision for releasing of the balance of payment beyond the expenditure incurred in the course of treatment. 3.

According to the petitioner, there are further treatment which are still required to be done. If that be so, let the petitioner approach before the respondent No.2 for an appropriate help which could be extended as it was extended in the past under any of the scheme of the State Government including the scheme under which he had already got the benefit, where there are still substantial amount unused by the petitioner for his treatment. Upon the petitioner making such an application, the respondent No.2 is expected to take a decision sympathetically in accordance with law. 4.

With the aforesaid observations, the present writ petition stands disposed of.

5.

Let a copy of this order be sent to the District Collector, South Bastar, Dantewada for information and necessary action. Sd/- (P. Sam Koshy) Judge Ved