HEMRAJ YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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/-.