Partly allowed

Mani v. The District Collector of Salem

Madras HC1 Aug 2019WP/18837/2019

Case brief

AI extract

What is this about?

A writ petitioner sought a mandamus to construct a check dam. The High Court held administrative directions were issued and directed the Block Development Officer to complete the work within two months while the District Collector supervises, dismissing the need for a writ.

What did the court decide?

Directed Block Development Officer to complete the check dam work within two months; District Collector to monitor and supervise.

Mani Vs The District Collector of Salem — Labour and Industrial Disputes | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 1/8/2019

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C O R A M

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR

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and

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THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.18837 of 2019

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Mani ... Petitioner Vs

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1. The District Collector of Salem Collectorate Salem District. 2. The District Revenue Officer Collectorate Salem District. 3. The Revenue Divisional Officer Attur Town and Taluk Salem District. 4. The Block Development Officer Pethanaickenpalayam Salem District. 5. The Tahsildar Pethanaickenpalayam Salem District. 6. The Revenue Inspector Yethapur Salem District. 7. The Village Administration Officer Kottavadi 8. Murugan ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of mandamus to direct the respondents 1 to 4 to construct a check dam across Arya Gounder Odai, situated in S.F.No.45, B.Karadipatti Village, Pethanaickenpalayam Taluk, Salem District, as the Order dated 26/10/2018 issued by the first respondent in Na.Ka.No.817/2018/A10.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner ... Mr.L.Mouli For respondents... Mr.E.Manoharan Additional Government Pleader for R.R.1 to 7

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O R D E R

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(Order of the Court was made by S.MANIKUMAR, J)

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Petitioner has filed the instant writ petition, to direct the respondents 1 to 4, to construct a check dam across Arya Gounder Odai, situated in S.F.No.45, B.Karadipatti Village, Pethanaickenpalayam Taluk, Salem District, as the Order, dated 26/10/2018, issued by the first respondent, in Na.Ka.No.817/2018/A10.

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2. After considering the supporting affidavit and material on record, on 9/7/2019, we passed the following order:-

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“Vide proceedings dated 26.10.2018, District Collector / President, District Rural Development Agency, Salem has permitted construction of Check Dams. Order reads as hereunder.”

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PROCEEDINGS OF DISTRICT COLLECTOR/PRESIDENT, DISTRICT RURAL DEVELOPMENT AGENCY, SALEM

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Present: Tmt. Rohini R.Bajibagare, I.A.S.,

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Na.Ka.No.817/2018/Aa10

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Date: 26.10.2018

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Sub: Services - Mahatma Gandhi Rural Employment Guarantee Scheme

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2018 -2019 - Kolathur, Bethanaickenpalayam

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panchayat Union -

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Mahatma Gandhi National Rural Employment Guarantee Scheme

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2018-2019 for the check dam works - administrative approval

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granted - regarding.

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Ref: 1. Email letter Na.Ka.No.84448/2017/MGNREGS II-1,dated

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19.04.2018 of the Director, Rural Development and Panchayati Raji Department.

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Letter Na.Ka.No.20178/2018/MGNREGS-II-l, dated 17.04.2018 of the Director, Rural Development and Panchayati Raj Department, Chennai.

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Government Order No. 56 (CGS -1), Rural Development and Panchayati Raj Department, Chennai dated 17.04.2018.

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https://hcservices.ecourts.gov.in/hcservices/

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Government Order No.6 (CGS-1), Rural Development and Panchayati Raj Department, Chennai dated 05.01.2018.

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Recommendations of the concerned Rural Development Officer (V.P.)

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ORDER:

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In the letters of the Director, Rural Development and Panchayatiraj Department, Chennai referred to as 1 and 2 herein above, in the village panchayats, in all the regions, for the year 2018-2019, the instructions to carry out the works under Mahatma Gandhi National Rural Employment Guarantee Scheme.

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In the Government Order referred to as 3 herein above, the amended wages for the year 2018-19 is allowed as Rs.224/-.

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As per that, the recommendations were made as per reference 5 herein above, that the administrative approval may be granted for the works of the check dams to be carried out in the following panchayats, in Salem District, within the panchayat Unions of Kolathur, Bethanaickenpalayam.

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(24. Construction of masonry/CC anicut for community
Check Dam)
S. Name of Name of Name of the Estimate
No Panchaya Panchayat work (in
t Lakhs of
Union Rs.)
1. Kolathur Sampalli To put up 25.00
concrete
check dam in
Kombaikadu
stream,
Sampalli
Panchayat
2. Kolathur Alamarathupat To put up 25.00
ti concrete
check dam in
Alamarathupat
ti stream

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https://hcservices.ecourts.gov.in/hcservices/

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(24. Construction of masonry/CC anicut for community
Check Dam)
3. Kolathur Karungallur To put up 15.00
concrete
check dam in
Gandhi Nagar
stream,
Karungallur
Panchayat
Total 65.00
1 Bethanai P.Karadipatti To put up 5.90
cken check dam in
palayam Ariyagowndar
Stream in
Kamaraj Nagar
Hamlet
village
Total 5.90
ABSTRACT
Construction of Check Dam
S.No. Name of Panchayat Nos. Estimation
Union (in Lakhs of
Rs.)
Kolathur 3 45.00
1
Bethanaicken Palayam 5.90
2 1
Total 4 70.9

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Recommendations of the Block Development Officer of Kolathur, Bethanaickenpalayam, were carefully perused.

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Therefore, in Salem District, in the villages situated within Kolathur, Bethanaickenpalayam, Panchayat Unions, under Mahatma Gandhi National Rural Employment Guarantee Scheme, in the year 2018-2019 for the four works at the estimation of Rs.65,00,000/(Rupees sixty five lakhs only) is ordered to be executed subject to the following conditions by the Block Development Officer, Kolathur.

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https://hcservices.ecourts.gov.in/hcservices/

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CONDITIONS

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1.1. These works have to be carried out as per the guidelines of Mahatma Gandhi National Rural Employment Scheme and also the instructions that would be issued by the Central and State Governments from time to time.

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2.2. The above said works have to be commenced as per the guidelines as found in the model plan.

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3.3. All these works have to be carried out through department.

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4.4. The works have to be carried out only through manpower.

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5.5. The valuation of this work to be done at 15% labour and 85% construction.

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6.6. Workers who seeks for job has to be provided with the job within 15 days.

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7.7. The tools such as crowbar, iron bowl, spade, to br brought by the workers.

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8.8. Workers who are coming to work should have their identity card, when they work. Without the identity card no one has to be allowed to work.

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9.9. From 12.11.17 the signatures and the code for the attendance, to be obtained in the daily attendance which is obtained from e-mr online and the identity card to be recorded. The attendance of male and female to be mentioned and the attendance list to be closed and signed before 10.00 A.M.

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10.10. Secretary of the concerned Panchayat and the incharge of the filed has to be certainly in the supervising work during the work. This has to be ensured by the block Development Office (V.P.), Deputy Block Development Officer (N.R.E.G.S.) and the Officers of the Engineering Department of Union.

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11.11. The Engineers have to take the appropriate measurements of the work, before the work is commenced, when the work is going in each and every week, the appropriate measurements have to be taken and it has to be recorded. On that basis, and also as per the entries made daily in the attendance register, the list has to be prepared. As per the advice of the Commissioner of Rural Development Panchayatiraj Department, in the field the groups consisting of 20 workers have to be formed, the work to be allotted to these groups, and permitted to carry out the work.

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12.12. As mentioned in the guidelines of this scheme, the first aid box, drinking water facility, maintenance of the small children and the rest room

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https://hcservices.ecourts.gov.in/hcservices/

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facilities to be provided.

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13.13. Whenever the inspecting officers come to inspect the works, the documents and the registers have to be subjected to inspection. In each and every panchayat the inspection registers to be maintained.

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14.14. The notice boards, one consisting of the name, estimation amount, manpower, days, for the work commenced, and being done and also another one consisting of the details of the workers who were involved in the work at the end of each week, datewise, without fail, in the work place.

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15.15. As per the instructions already given from this agency, to be followed without fail, and the measurements of the works to be carried out, get the technical approval for the works, have to be done. The guidelines mentioned in Government Order No.203 R.D. (PRl) Department, dated 20.12.2007 to be followed. The bills under this scheme to be issued by the Block Development Officer (V.P.) through F.T.O. by efms method. 16. 17.16. Before the commencement of the work, during the work, and also after the works are completed, the photographs to be taken and kept in the computer, C.D.and same have to be submitted in the Panchayat Union Office, as documents.

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18.17. As mentioned in the letter of the Director, Rural Development and Panchayati Raj, Chennai under ref: Na.Ka.22411 /2019/MDNREGS-II-1 dated 18.11.2017, Case/Record work file to be opened. 19.18. This work has to be recorded in the property register. Geo tagging to be done. 20.19. During government holidays, work should not be carried out.

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21.20. It has to be confirmed that the land which is selected for doing the work is found as a poramboke land in the revenue records for the construction of building, and the chitta, patta and FMB, Adangal copies, shall be received, and the work has to be commenced. If any issue crops up in future in connection with the land selected for the work, the Block Development Officer (V.P.) and the concerned Engineer are solely liable for the same.

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22.If any irregularity is found in the execution of this scheme, severe action will be taken against the concerned officers.

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Sd/- N.Aruljothiarasan.

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https://hcservices.ecourts.gov.in/hcservices/

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For District Collector / President District Rural Development Agency, Salem (V.P.)

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2. Alleging that respondent no.8, has prevented construction of check dams, petitioner seemed to have sent representation dated 26.03.2019 to the District Collector, Salem, the District Revenue Officer, Salem, the Revenue Divisional Officer, Salem and the Tahsildar, Pethanickenpalayam, Salem, respondents 1, 2, 3 and 5 respectively. Contending inter alia that no action is taken, instant writ petition is filed for a writ of mandamus, directing the respondents 1 to 4 to construct a check dam across Arya Gounder Odai situated in S.F.No.45, B.Karadipatti Village, Pethanaickenpalayam Taluk, Salem District as per the Order dated 26.10.2018 issued by the 1st respondent in Na.Ka.No.817/2018/A10.

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3. Mr.E.Manoharan, learned Additional Government Pleader, who takes notice submitted that he would revert on 15.07.2019.

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4. Post on 15.07.2019, in the motion list.”

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3. When the matter came up on 31/7/2019, we passed the following order:-

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On the basis of instructions, in R.C.No.1539/2019/T5, dated 30/7/2019, of the Block Development Officer, Pethanaickenpalayam, Salem District, addressed to Mr.E.Manoharan, learned Additional Government Pleader, submission was made that administrative sanction has been issued for construction of check dam, at an estimated cost of Rs.5.90 lakhs. Mr.Murugan, eighth respondent, stated to have objected to the construction, on the grounds that the canal runs through the land belonging to the eighth respondent. However, learned Additional Government Pleader submitted that place where check dam is proposed is a water body. As there is no water, eighth respondent is stated to be using as a road. Learned Additional Government Pleader further submitted that he would get complete instructions, on the above.

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2. Post on 1/8/2019, as a last case, in the motion list.”

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4. Reverting, on the basis of instructions, in R.C.No.1539/2019/T5, dated 30/7/2019, of Block Development Officer, Pethanaickenpalayam, Salem District, Mr.E.Manoharan,

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https://hcservices.ecourts.gov.in/hcservices/

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learned Additional Government Pleader submitted that Block Development Officer, Pethanaickenpalayam, Salem District, has stated that work could be commenced and completed within two months. For brevity, Proceeding, dated 30/7/2019 stated supra is extracted hereunder:-

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ghh;it 1y; fhQqk; khtl;l Ml;rpj; jiyth;- jiyth;. khtl;l Cuf tsh;r;rp Kfik. nryk; mth;fspd; cj;jutpd;go bgj;jehaf;fd;ghisak; Cuhl;rp xd;wpak; kfhj;khfhe;jp njrpa Cuf ntiy cWjpj; jpl;lj;jpd; fPH; 2018=2019k; Mz;L ng/fuog;gl;o Cuhl;rpapy; fhkhuh$; efh; Ff;fpuhkj;jpy; mhpahft[z;lh; Xilapy; jLg;giz mikj;jy; gzpf;F U:/5/90 ,yl;rk; kjpg;gPl;oy; eph;thf mDkjp tug;bgw;wJ/

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https://hcservices.ecourts.gov.in/hcservices/

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bra;tjhft[k;. nkw;go khtl;l Ml;rpj; jiyth;. nryk; mth;fspd; cj;jputpd;go kfhj;kh fhe;jp njrpa Cuf ntiy cWjp jpl;lj;jpd; fPH; Xilapd; FWf;nf jLg;giz mikg;gij ahUk; jLf;ff; TlhJ vd nfhhp brd;id cah;ePjp kd;wj;jpy; W.P.No.18837/2019-d; tHf;F bjhlh;e;Js;sjhy; ,g;gzp jw;nghJ epWj;jp itf;fg;gl;Ls;sJ/

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ghh;it 3=y; fhQqk; muR TLjy; tHf;fwp"h; mth;fspd; bjhiyngrp bjspt[iuapd;go ,g;gzp Jtf;fg;gl;L ,uz;L khj fhyj;jpw;Fs; Kof;fg;gLk; vd gzpt[ld; bjhptpj;Jf; bfhs;fpnwd;/

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tl;lhu tsh;r;rp mYtyh;(fp/C)

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bgj;jehaf;fd;ghisak;

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efy; jpl;l ,af;Feh;. khtl;l Cuf tsh;r;rp Kfik. nryk; mth;fSf;F gzpe;J rkh;g;gpf;fgLfpwJ/

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efy; Cuf tsh;r;rp cjtp ,af;Fdh; (Cuhl;rpfs;). nryk; mth;fSf;F gzpe;J rkh;f;fg;gLfpwJ/

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5. Grievance of the petitioner, for construction of a check Dam across Arya Gounder Odai, situated in S.F.No.45, B, Karadipatti Village, Pethanaickenpalayam Taluk, Salem District, has been addressed.

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6. In the light of the above, there is no need to issue a mandamus, as prayed for. However, we deem it fit to direct the Block Development Officer, Pethanaickenpalayam, Salem District, fourth respondent, to complete the work, within time. District Collector, Salem District, first respondent, shall monitor and supervise.

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7. With the above direction, writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

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Assistant Registrar (CS-III)

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//True Copy//

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Sub Assistant Registrar

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mvs.

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https://hcservices.ecourts.gov.in/hcservices/

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The District Collector of Salem Collectorate Salem District. 2. The District Revenue Officer Collectorate Salem District.

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The Revenue Divisional Officer
Attur Town and Taluk
Salem District.
4. The Block Development Officer
Pethanaickenpalayam
Salem District.
5. The Tahsildar
Pethanaickenpalayam
Salem District.
6. The Revenue Inspector
Yethapur
Salem District.
7. The Village Administration Officer
Kottavadi
+1cc to Mr.L.Mouli, Advocate, S.R.No. 65982
+1cc to the Government Pleader, S.R.No. 66353
Writ Petition No.18837 of 2019
BR(CO)
GN(02/08/2019)

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Mani v. The District Collector of Salem

Case brief

What is this about?

What did the court decide?

Mani v. The District Collector of Salem

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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