Hateshwari Go-Sadan Dalari (Lailen) vs State Of Himachal Pradesh And Others
2023 Latest Caselaw 18271 HP

Himachal Pradesh High Court

Hateshwari Go-Sadan Dalari (Lailen) vs State Of Himachal Pradesh And Others on 22 November, 2023

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   CWP No. 4953 of 2023
                                                   Decided on : 21.11.2023




                                                                       .

      Hateshwari Go-Sadan Dalari (Lailen)                                  ....Petitioner

                   Versus





      State of Himachal Pradesh and others                              ...Respondents
      Coram
      The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.




                                             of
      Whether approved for reporting?1
      For the petitioner          :       Mr. Rajender Sharma, Advocate.

      For the respondents
                     rt            :      Mr.    Anup   Rattan,   Advocate
                                          General with M/s Rupinder Singh
                                          and      Pushpender      Jaswal,

                                          Additional Advocate Generals with
                                          M/s Rohit Sharma and Sumit
                                          Sharma,      Deputy     Advocate
                                          Generals.



      Ajay Mohan Goel, Judge              (Oral)

By way of this petition, the petitioner has mainly

prayed for the following relief:-

(i) That writ of mandamus may kindly be issued,

directing the respondents to execute the work of

Hateshwari Go-Sadan Dalari (Lailen) as per the

sanctioned amount i.e. Rs. 5,00,000/- and

complete the work within a time bound manner

1 Whether reporters of the local papers may be allowed to see the judgment?

before commencing the winter season, so that the

cows should not suffer due to cold and snow."

.

2. Learned Counsel for the petitioner by referring to

the reply of the respondents has submitted that receipt of

amount for construction of Go-Sadan has been admitted by

the respondents, therefore, a direction be issued to them to

of utilize the same for the construction thereof.

3. Learned Advocate General has submitted that as rt the entire expenditure in MNREGA is under the digital

observation of the Government of India, therefore, utilization

thereof, has to be strictly demand based and the respondents

unilaterally cannot do anything until and unless there is a

demand put forth for utilization of the amount.

4. Be that as it may, taking into consideration the

fair stand has been taken by the respondents in the reply,

this writ petition is disposed of with the direction that as and

when a demand is received from the concerned quarter for the

release of the funds for the construction of Go-Sadan, then,

needful will be done forthwith and it be ensured that the

amount sanctioned for the construction of Go-Sadan is

utilized for the purpose of construction of Go-Sadan.

The petition is disposed of in above terms.

Pending miscellaneous application(s), if any, also stand

.

disposed of accordingly.

                                       (Ajay Mohan Goel)
    November 21, 2023                         Judge
       (narender)




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