Savitri Devi v. State of Jharkhand, through its Principal Secretary, Agriculture, Animal Husbandry & Cooperative Department
2022-08-31
RAJESH SHANKAR
body2022
DigiLaw.ai
ORDER : 1. The present writ petition has been filed for issuance of direction upon the respondents to issue completion certificate in favour of the petitioner after due verification of the work “Restoration/Deepening of Pond” under the Government Pond Renovation Plan 21/2018-19 and to make payment of Rs.14,44,200/- along with statutory interest to her for the said work. 2. A counter affidavit has been filed on behalf of the respondents, stating, inter alia that in respect of the aforesaid plan, the Estimate Committee, Zila Parishad, Khunti inclusive of District Engineer, Assistant Engineer and Junior Engineer submitted a report regarding estimated cost of Rs.24,44,200/- for renovation of pond in village Jharia, Block Karra, District Khunti. As per the said plan, the renovation work was started by the petitioner and subsequently she was paid Rs.10.00 lacs vide voucher no.22/2018-19 S.V. No.07/2018-19. It has further been stated that the work in question was for the financial year 2018-19 and a voucher for a sum of Rs.7.54 lacs was issued, but due to some unavoidable circumstance, the same could not be encashed in the year 2019, which was again issued in the financial year 2021-22 vide voucher no.50/2021-22 S.V. No.09/2021-22 dated 25th February, 2022 and the said amount was paid to the petitioner for the work in question. 3. On consideration of the aforesaid facts, as stated by the respondents in their counter affidavit, it appears that the petitioner has already been paid the aforesaid admitted amount for the work in question. The respondents have not specifically admitted rest of the amount as claimed by the petitioner for the said work. Therefore, no writ of mandamus can be issued to the respondents on the surviving money claim of the petitioner. 4. The writ petition is, accordingly, dismissed.