Hasina Banu v. State Of West Bengal And ORS.

ML 103 03.05.2023 Court. No. 19 GB WPA 18538 of 2022 Hasina Banu Vs The State of West Bengal & Ors.

Mr. Kalidas Saha ... for the Petitioner.

Mr. Pantu Deb Roy, Mr. Pannalal Bandopadhyay ... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

The petitioner claims unpaid bills for some works executed under MGNREGA. The petitioner made several representations before the Block Development Officer for release of the funds.

The State respondents represented by the learned advocates do not deny the claim of the petitioner. It is submitted that due to paucity of funds, the payment cannot be made.

Admittedly, the petitioner had completed the work. It is also submitted that the work was satisfactorily completed. Thus, the District Magistrate and the District Nodal Officer, MGNREGA, Malda shall treat the writ petition as a representation and dispose of the same in accordance with law.

It is surprising to note that since 2021, the petitioner had not been paid the money for works executed under the MGNREGA.

The contention of the Block Development Officer that the payment had not been received from the Central Government is little surprising. Generally, the payment by the Central Government under the MGNREGA Scheme is made once the bills are uploaded by the concerned gram panchayat on completion of the works.

The petitioner, the Block Development Officer as also the Pradhan of the Baharal Gram Panchayat shall be heard. Necessary orders shall be passed and the money to which the petitioner is entitled, shall be released.

The entire exercise shall be completed within a period of three months from the date of communication of this order.

Accordingly the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)