DAMODAR PRASAD SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant First Appeal has been filed by the appellant/plaintiff under Sec. 96 of the Code of Civil Procedure, 1908 (henceforth CPC) challenging the impugned judgment and decree dtd. 7/11/2003 passed by District Judge, Rajnandgaon in Civil Suit No. 13-A/99 whereby the plaintiff's suit for declaration of illegal recovery of the amount of Rs.45,113.00 by the respondent/State and permanent injunction against the said recovery has been dismissed by the trial Court. [For the sake of convenience, parties would be referred to as per their description shown in the plaint filed before the trial Court].

(2.) The facts of case, as reflected from the plaint, are that the appellant/ plaintiff is the Ex-Sarpanch of Gram Panchayat, Ghumka. He remained as Sarpanch of the said village till 198283. The learned Tahsildar Dhumka, District- Rajnandgaon in recovery case has directed for depositing the amount of Rs.25,250.05 up to 19/9/1988. The plaintiff has moved an application before the Tahsildar,Dhumka challenging the validity of the said recovery proceeding. Since it was issued by the Collector, Rajnandgaon, therefore, vide order dtd. 16/8/1988, the same was rejected. It has also been contended that the plaintiff has moved an application before the Collector, Rajnandgaon which was rejected on 22/4/1987, therefore, there was no other option except to file the present suit.

(3.) From the plaint averments, it is reflected that the State Government has given grant of Rs.10,000.00 to the Gram Panchayat, Ghumka for construction of village Secretariat building and 30% of work of construction of the said building to be completed through the fund generated by the contribution by the Public of the said village. It has been further contended that there is no specific agreement with the plaintiff for construction of the said work. It has also been contended that the rate of cement of Rs.27.00 as per CSR whereas the market value was Rs.40.00, the cement was purchased in black similarly CSR rate of iron rods was Rs.158.00 whereas the market rate was 450/-per quintal. Despite sincere efforts made the appellant/plaintiff to collect 30% of amount from the public residing the Gram Panchayat could not get the public support in respect of the said work. Similarly, the appellant/plaintiff was also given aid for the development of the passage and the pond as such, the panchayat fund has been utilized for the said work. Thus, there was no sufficient fund for construction of the Secretariat Building. It has also been contended that the work carried by the plaintiff was valued at Rs.9,234.00 out of which 30% was public contribution and the amount of Rs.6,500.00 was adjusted. It has also been contended that the plaintiff has received Rs.5,000.00public contribution which includes in cash and in form of rice. It has also been contended that this valuation was done in the year 1982, no steps were taken by the departmental officers for completion of construction and the wall which height is 10 ft. fell down because of heavy rains and the bricks were also stolen. It has also been contended that for carrying out the construction work, he has asked to put his signature on a blank stamp paper wherein it has been mentioned that the conditions are explained to him but no conditions were mentioned in the said stamp paper. From the recovery proceeding, it was revealed to him that in the blank stamp paper, a cyclostyle form was attached which is illegal, therefore, on the basis of these illegal conditions mentioned in the attached form, no recovery can be initiated against him.