BALRAMSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) -The petitioner in this application has questioned the authority of the District Magistrate. Gopalganj in issuing the letter dated 5-2-1993 and 14-4-1993 as contained in Annexure 3 and 4 to the writ application respectively.

(2.) The petitioner is said to be the Mukhia of Jhinga Gram Panchayat. The scheme under the Jawahar Rojgar Yojna was framed by the Central Government and Executive instructions have been issued with regard to the manner in which scheme thereunder have to be executed. In terms of the said policy decision, the Mukhia alongwith Panchayat Sevek can issue a cheques to the agents appointed for the implementation of the scheme in question.

(3.) Allegedly, a Panchayat Bhawan was built on plot No 751 situated at village badarzimi or Mirganj block which was later on collapsed. A notification was later on issued extending the territorial jurisdiction of Mirganj notified area Committee to the land over which the Panchayat Bhawan was built. A Panchayat Bhawan was resolved to be built by the competent body. However, by reason of the impugned order dated 5-2-1993 the District Magistrate has directed that the said Panchayat Bhawan should be repaired instead of constructing a new Panchayat Bhawan. It was further stated in the said letter that as the Mukhia had used bricks of inferior quality and in spite of direction, he used the same, the Block Development Officer was directed to implement the scheme till some arrangement was made. According to the petitioner, no notice to show cause was issued to him or the agent. Subsequently, the Deputy Development Commissioner also intimated to the Block Development Officer, that the District Committee confirmed the authority earlier given to him for implementation of the scheme under the Jawahar Rojgar Yojna.