In this 2002 writ petition, the petitioner sought directions to utilize sanctioned funds for completing a school building. The respondent counter-affidavit stated the construction scheme was abolished. The Court held that no direction could be passed under a closed scheme and dismissed the petition (O.J.C.No.4445 of 2002).
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O.J.C.No.4445 of 2002
8. 10.8.2016 This writ petition is of the year 2002 and the petitio
ner in this writ petition seeks for direction upon the opposite parties not to divest sanction
ed amount of Rs.1,50,000/- vide Annexure-1 to some other project and further direction to util
ize the amount for completion of petitioners school building.
Opposite parties 1 and 3 have filed counter affidavit stating, inter alia, the
rein that the scheme under which the school building has been decided to be constructed, has b
een abolished and the same has been communicated through letter No.1733 dated 4.5.2002 and as
such it has been submitted that there is no question of divesting the amount and to utilize th
e same for completion of school building.
Heard learned counsel for the parties and on perusal of the documents availabl
e on record, it is evident that the relief sought for by the petitioner is to utilize the amou
nt which has been sanctioned for construction of school building, but since it has been stoppe
d, hence petitioner has filed this writ petition.
After going through the averments made in the counter affidavit filed by the o
pposite parties 1 and 3, it iis evident that the scheme under which building has been decided
to be constructed itself has been closed and hence no direction can be passed in this writ pet
ition for construction of the school building under the scheme which has already been closed.
Accordingly and considering the reason, I am not inclined to pass any positiv
e direction in favour of the petitioner. Hence, the writ petition is dismissed.
2
1 issue framed by the court
Whether the Court can direct utilization of sanctioned funds for a school building when the underlying scheme is abolished.
Petitioner
Opposite Party 1
Opposite Party 3
Unnamed Judge
As recorded by the court registry
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