SALIKRAM PATLE Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the order passed in W.P. No.6857/2013, dated 16.4.2013 whereby prayer of the petitioners -appellants seeking direction to the respondents for measurement and evaluation of the works done by them has been turned down.

(2.) The learned counsel for the appellants submits that the order passed by the Sub -Divisional Officer (Prescribed Authority), Waraseoni. District Balaghat, contained in Annexure -P/6, was not under challenge before the Writ Court. The only prayer before the writ court was for evaluation and measurement of the works executed by the appellants by some competent person. That the appellants had performed the works viz. construction of murram road and cement -concret drainage etc., however, without evaluation of the works executed by the appellants the order was passed by the respondent No.3 directing recovery to the extent of Rs. 1,70,648/ - and also for launching criminal prosecution against them. That until and unless the works done by the appellants was evaluated by a proper person, such directions could not have been issued.

(3.) In view of the aforesaid, we dispose of this appeal with the following directions: