Jharkhand High Court
Amiya Ghosh vs The State Of Jharkhand on 18 January, 2024
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
1 W.P. (C.). No. 7422 of 2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C ) No. 7422 of 2017
Amiya Ghosh, son of Late Gurupado Ghosh, resident of village-
Sukhjora, P.O.- Sukhjora, P.S.- Ranishwar, Block- Ranishwar,
District- Dumka (Jharkhand) ........... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Dumka, P.O., P.S. & Dist.-
Dumka(Jharkhand)
3. Soil Conservation Officer, Dumka, P.O., P.S. & Dist.-
Dumka(Jharkhand)
4. Block Agricultural Officer, P.O.- Raneshwar, P.S. & District-
Dumka (Jharkhand)
5. Jan Sevak /Block Co-operative Officer, Dumka, P.O. , P.S. and
District- Dumka (Jharkhand) ........... Respondents
For the Petitioner : Mr. Manoj Kr. No. 4, Adv.
For the Respondent-State: Mr. Uttam Kr. Das, AC to G.P.VI
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This writ petition has been filed invoking the jurisdiction of this court
under Article 226 of the Constitution of India, with a prayer for issuance
of writ /order/direction/ in the nature of writ of mandamus commanding
upon the respondent no. 2 and 3 being the Deputy Commissioner,
Dumka and the Soil Conservation Officer, Dumka to make immediate
payment of Rs. 24,865/- towards the construction of Dobha vide
Akchhansh No. 24.0938/2 and Deshantar No. 87.14319 of size
30'x30'x10' under Khata No. 64, corresponding to plot no. 939 which
has been completed by the petitioner on 08.06.2016 by using JCV and
Poclain Machine, for the beneficiary of "Banao Abhiyan". The case of
the petitioner is that the petitioner being a beneficiary, was allotted the
work of construction of Dobha for the purpose of irrigation under the
village Sukhjora Block, Raneshwar, District- Dumka and the
construction has been completed as per the scheme generated thereupon
on 08.06.2016 and after starting of the construction, the respondent no.
4, being the Block Agricultural Officer, Raneshwar, requested the
respondent no. 3 for release of first instalment for payment to the
beneficiary and after completion of work, the beneficiary has been
issued with the certificate of 'Dobha completion' on 26.06.2016 along
with the map indicated, which was photocopies of the certificates, which
have been annexed as Annexure 1 and 2 of this writ petition. The
petitioner approached the authorities, by way of representation but the
same has not yet been considered, hence, this writ petition.
3. Learned counsel for the State submits that the petitioner without
sanction, has constructed Dobha over Khata No. 64 , plot no. 939. For
the first time through a letter, the petitioner demanded first instalment
and the Soil Conservation Officer, Dumka has specifically directed all
the concerned, Block Agricultural Officer, to pay the first instalment till
16.06.2016 but as the writ petitioner did not make any application, and
constructed Dobha without sanction, so the Soil Conservation Officer
wrote a letter to the Director of Soil Conservation, Department of
Jharkhand, Ranchi, demanding allotment of fund and upon the
availability of fund, the payment will be made accordingly.
4. Having heard the submissions made at the bar and after going through
the materials available in the record, this court finds that the undisputed
facts remains that the petitioner has constructed a Dobha as claimed and
he is entitled to Rs. 24,865/- but the only reason, as is evident from the
counter affidavit filed by the respondent is that, as the fund was not
available, hence, the payment has not been made. Thus there is no
justifiable reason for not allowing the prayer made by the petitioner in
this writ petition.
5. Considering the aforesaid undisputed facts, this writ petition is disposed
of by directing the respondent no. 2 and 3 to pay Rs. 24,865/- to the
petitioner, within three months from the date of receipt / production of
the copy of this judgment.
6. This writ petition is disposed of accordingly.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated, the 18th January, 2024
Smita /AFR
