LALAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

(2.) The petitioner was Mukhiya of Gram Panchayat Jankop in the district of Aurangabad, in Barun Block. It is his case that he had withdrawn some amount as an advance for completion of certain schemes for under 14thFinance Commission in the said Panchayat. It is the petitioner's own case that he had withdrawn the amount during the financial year 2016 for completion of the said projects, fifteen in number, which ended in March 2016. It is his further case that after having withdrawn the said advance, he completed the said fifteen projects with the estimated cost of Rs.66,05,280.00. Further, he had completed the work and the cost of the project was reduced and the final cost to be paid was fixed at 52,09,775/-. The petitioner further asserts that over and above the advance, which he had taken, he had spent the rest of the amount from his own resources for completion of the said schemes, but has not been paid legally admissible dues to the tune of Rs.34,33,785.00.

(3.) There is no averment in the writ petition as to when the works were completed by him. He was admittedly not a Mukhiya after the Panchayat elections in 2016. In the aforesaid background, the petitioner is seeking a direction to the authorities for payment of Rs.34,33,785.00 for the work executed by him in the year 2015-16. It further appears from the writ petition that the first representation, which he made for payment of the amount was on 19/11/2018, a copy of which has been brought on record by way of annexure. On the same day, the Panchayat Secretary also said to have filed a representation before the Block Development Officer. He also claimed payment of the remaining amount spent for the completion of the aforesaid work. There is no pleading in the writ petition as to why, for the first time, the petitioner made his representation on 19/11/2018, when the said schemes were completed before March 2016.