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Mahesh Chandra & Ors. vs State Of U.P. Thru Prin. Secretary ...

High Court Of Judicature at Allahabad|30 July, 2019

JUDGMENT / ORDER

Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
With the consent of parties' counsel, writ petition is being decided at the admission stage.
Facts in brief of the present case are that the State Government issued a Government Order dated 10.12.2014, by which the amount i.e. Rs.2.75 lacs was enhanced to Rs.3.05 lacs. The Government Order is in relation to Lohia Gram Awas Scheme and for the beneficiaries of the same. The Government is addressed to the Commissioner, Village Development, U.P., Lucknow, all the Mandalayukta/District Magistrate, U.P. and all the Chief Development Officer of U.P.
The petitioners are very poor persons and they are covered under the aforesaid scheme. The Block Development Officer, Jarwal issued a list of beneficiaries of Lohia Gram Awas Scheme, in which the names of petitioners find place at Serial Nos.27, 3, 10, 23 & 25. Thereafter, the State Government sanctioned the amount to the petitioners-beneficiaries and the first installment as also the second installment was sanctioned. The petitioners have only received the amount in two installment (s) i.e. Rs.1,37,500/- and Rs.1,37,500/- respectively for construction of house. The petitioners have not been provided the remaining amount i.e. Rs.30000/- for solar light and amount i.e. Rs.15660/- for labour charges of 90 days as per MNREGA rate of Rs.174/- per day. The petitioners have received an amount of Rs.2,75,000/-, which is evident from the statement account.
On 02.06.2018, in regard to payment of balance amount, the petitioner no.1 had complained before the authority concerned through IGRS and thereafter, the opposite party no.5/Block Development Officer, Jarwal Road, Bahraich wrote a letter to the opposite party no.4/Project Director, District Rural Development Agency, District-Bahraich on 04.06.2018. Again on 09.07.2018, the opposite party no.5/Block Development Officer, Jarwal Road, Bahraich wrote a letter to the opposite party no.4. By both the letters, the opposite party no.5 requested the opposite party no.4 to resolve the grievance.
More than one and half years has been lapsed but till date no action has been taken by the authority concerned in respect to payment of remaining amount.
Thereafter, petitioners preferred a representation before the opposite party nos.2 to 5 on 05.02.2019 requesting therein to pay rest of due amount to them, but till date no action has been taken by the authority concerned.
In the aforesaid factual background, the present writ petition has been filed by the petitioners before this Court.
After hearing learned counsel for the parties and going through the records, we are of the view that at first instance, the concerned authority should consider and decide grievance of the petitioners.
Accordingly, writ petition is disposed of with a direction to the petitioners to move a fresh representation in respect to their grievances which they have raised in the present writ petition within a period of two weeks from the date of receiving a certified copy of this order and after receiving the same, opposite party no.4/Project Director, District Rural Development Agency, District-Bahraich shall decide the same within a period of six weeks thereafter by speaking and reasoned order.
This Court has not adjudicated the claim of the petitioners on merit.
Order Date :- 30.7.2019/Mahesh
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Title

Mahesh Chandra & Ors. vs State Of U.P. Thru Prin. Secretary ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 July, 2019
Judges
  • Anil Kumar
  • Saurabh Lavania