RABINDRA KUMAR NANDA Vs. MUKUNDA CH RAY

JUDGEMENT

(1.) This is an appeal against the order of the District Forum, Jaipur directing the appellant to sink a fresh bore well on the land of the complainant and to pay compensation.

(2.) The case of the complainant is he dug a bore well on his plot No.528 under Khata No.133 in his village. Present appellant as the Contractor did the work. This was done in the month of July, 1998. But this project failed when no water could be drawn during the month of April, 1999, for which he alleged to have sustained loss in agriculture to the tune of Rs.2,00,000/-.

(3.) O. P. No.1 in the version admitted to have dug the well which was completed by 26.11.1998 on which date an electric submersible pump was installed and it functioned satisfactorily. The complainant accepted this by way of satisfaction note and in taken of such satisfaction he signed the relevant papers for releasing the subsidy through Agriculture Officer O. P. No.3. O. P. Nos.2 and 3 who were the Agriculture Officers stated that they observed all formalities and issued the work order to the present appellant. They supported the case of the appellant about the successful digging of the well. The Agriculture Officer pleaded because of the completion of the project and satisfaction noted by the complainant the APICOL was recommended through the District Agriculture Officer to release the subsidy of Rs.36,940/- in favour of the complainant.