Hemraj Yadav vs State of M.P. and Others

R.S. Jha

The petitioner has filed this petition being aggrieved by the fact that the respondent authorities have not released the outstanding payment of the petitioner in respect of the work awarded to the petitioner by the respondent No. 3 for construction of a Stop Dam and for clearing the catchment area. It is submitted by the Learned Counsel for the petitioner that the aforesaid contract was awarded to the petitioner by the Project Officer, Rajeev Gandhi Jalgrahan Mishan, (Employment Assurance Scheme), Ghansor, District Seoni and an order in that respect was issued by the Executive Engineer, Rural Engineering Services, Division No. 2, Seoni by order dated 22.04.199. It is submitted by the Learned Counsel for the petitioner that after obtaining the orders and on the direction of the respondents, the petitioner has done the work amounting to Rs. 1,95,000/- towards the construction of the Stop Dam and Rs. 47,124/- towards clearance of the catchment area by removing the bushes etc., but the respondent authorities have only released a sum of Rs. 1,30,000/- to the petitioner and inspite of repeated requests, the respondents are not releasing the remaining amount.

It is stated that the aforesaid work was required to be done at the behest of Rajeev Gandhi Jalgrahan Prabandhan Samiti, Peepartola and the sanction for the same was granted by the Chief Executive Engineer, Zila Panchayat, Seoni, but inspite of completing the work, the remaining payment of the petitioner has been withheld. In such circumstances, the counsel for the petitioner prays for a direction to the respondent authorities to release and pay a sum of Rs. 65,000/- outstanding in respect of the work done for construction of the Stop Dam and a sum of Rs. 47,124/-, which is outstanding for clearance of the catchment area.

The respondents have filed a return and have stated that though the technical sanction for the aforesaid work was Rs. 1,95,000/-, however, when the administrative sanction was awarded by the Executive Engineer of the Rural Engineering Department, he has only sanctioned Rs. 1,30,000/-for the work entrusted to the petitioner. In the aforesaid circumstances, it is submitted that as the administrative sanction granted for the aforesaid work was Rs. 1,30,000/-, therefore, the respondents are liable to release only that amount and any extra work done by the petitioner, on the behest of the Rajeev Gandhi Jalgrahan Prabandhan Samiti, Peepartola, could not be saddled upon the authorities of the State nor is it their liability to disburse the amount.

I have heard the Learned Counsel for the parties at length. From a perusal of the record itself it is clear that the valuation by the Engineer of the Irrigation Department, vide Annexure P-3 and R-9, indicates that the petitioner has done the work worth Rs. 1,72,883/- and Rs. 1,94,262/- respectively towards construction of the stop dam. From a perusal of the document (Annexure P-5), which is the certificate issued by the Rajeev Gandhi Jalgrahan Prabandhan Samiti, Peepartol, it is apparent that the work for clearance of the catchment area was undertaken by the petitioner, for which he is required to be paid Rs. 47,124/-. In the circumstances, prima facie it appears that the work done by the petitioner has not been disputed by the respondent authorities, but they have only released the payment as per the administrative sanction undertaken by them for Rs. 1,30,000/-.

Looking to the facts and circumstances, I am of the considered opinion that prima facie it appears that the petitioner has done the work on the directions of the authorities of the Rajeev Gandhi Jalgrahan Mission, Seoni which is a project that is being implemented by the State of Madhya Pradesh in compliance of orders issued by various authorities, therefore, the concerned authorities are required to apply their mind and take a decision in respect of the claim of the petitioner as expeditiously as possible in accordance with law.

In view of the aforesaid, without expressing any opinion on the merits of the case or making any comments on the entitlement of the petitioner, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation before the Collector, Seoni within 15 days alongwith a copy of the order passed today and a copy of the petitioner, the concerned authority shall examine the matter and thereafter take a decision on the aforesaid matter after hearing all concerned by passing a reasoned order as expeditiously as possible in accordance with law, preferably within a period of three months thereafter.

With the aforesaid direction, the petition filed by the petitioner stands disposed of. There shall be no order as to costs.