Md. Abbas Mian son of Late Abdul Rahim v. State of Jharkhand
2018-03-28
ANUBHA RAWAT CHOUDHARY
body2018
DigiLaw.ai
JUDGMENT : Anubha Rawat Choudhary, J. Heard Mr. Sanjoy Piprawall, counsel appearing on behalf of the petitioner. 2. Heard Mr. Anshuman Kumar, counsel appearing on behalf of the respondents. 3. Today a counter-affidavit has been filed in Court which is taken on record. 4. This writ petition has been filed by the writ petitioner for the following relief:- “That in the instant writ application Petitioner prays before this Hon’ble Court for issuance of a writ in the nature of mandamus directing the Respondents to pay the amount of Rs.10,05,057.00/- as the petitioner has completed the work allotted vide work order as contained in Memo No.-075 dated 10.01.2009 under National Rural Employment Programme, vide order passed by the Executive Engineer, NREP, Chatra Division, Chatra.” 5. From the perusal of the counter-affidavit which has been filed in Court, a specific statement has been made in para-10 which reads as follows:- “10.That with regard to the statement made in para-10 of the writ petition under reply, it is stated and submitted that the same is not correct as such the same is denied. It is submitted that the payment of Rs.5,86,561/- has been made to the applicant in the following manner: (i) By hand receipt (by cash) – Rs. 1,70,145/- on dated 15.02.2009 (ii) By cheque no. 031523/26.06.2009- Rs. 1,42,416/- (iii) By cheque no. 031524/26.06.2009- Rs. 75,400/- (iv) By cheque No. 337568/31.03.2011- Rs. 1,98,600/- Total Rs. 5,86,561/- It is also submitted that Royalty of Rs. 1,38,808/- has been paid by the respondent to the mining department, as per contract and in this way after deducting Rs. (5,86,561 + 1,38,808) = 7,25,369/- from Rs. 12,38,794/- the applicant is entitle to get only Rs. 5,13,425/-. It is pertinent to mention on that very date for want of the allotment, the above referred amount could not be paid but for the payment of the same the respondent are always ready after getting allotment. It is humbly submitted that since applicant has not come in the Court with clean hand so he is not entitle to get any sort of reliefs as prayed.” 6. Counsel for the respondents submits that the amount of Rs.5,13,425/- is the admitted amount which is payable to the petitioner and so far as the rest of the amount is concerned the State does not admit to pay it to the petitioner.
Counsel for the respondents submits that the amount of Rs.5,13,425/- is the admitted amount which is payable to the petitioner and so far as the rest of the amount is concerned the State does not admit to pay it to the petitioner. He further submits that the amount has not been paid to the petitioner on account of want of allotment. 7. Considering the facts and circumstances of this case and considering the fact that the respondents have admitted that an amount of Rs. 5,13,425/- is payable to the petitioner but the same has not been paid on account of want of allotment, this Court, directs the respondent nos.2 and 4 to pay the admitted amount of Rs.5,13,425/- within a period of 12 weeks from today. It is further ordered that if the amount is not paid within a period of 12 weeks from today, an interest @ 12% from the date of it became due till the date of payment will also be payable to the writ petitioner. So far as the remaining claim of the petitioner is concerned, this Court is not inclined to grant any relief and it will be open to the petitioner to seek his remedy in accordance with law. 8. The instant writ petition is hereby disposed of with the aforesaid direction and observations.