In this writ petition concerning funds for the Swajaldhara drinking water scheme in village Medinipur, the court held that the petitioner's complaint regarding undisbursed funds was addressed by the respondent's assurance of releasing the second installment in the current financial year, thereby disposing of the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21029 of 2011
====================================================== Umarendra Kumar S/O Sri Ram Pravesh Singh Resident Of VillageDhawadand, Police Station- Sasaram Muffasil, District- Rohtas.
.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Public Health Engineering Department, Government Of Bihar, Old Secretariat, Patna-1 2. The Engineer-In-Chief Cum Special Secretary, Public Health Engineering Department, Government Of Bihar, Old Secretariat, Patna-1 3. The Secretary Cum Chairman, Working Committee, Bihar State Water And Sanitation Mission, Public Health Engineering Department, Bihar Old Secretariat, Patna-1
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar For the Respondent/s : Mr. Tej Bahadur Singh AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 5 11-12-2015 Heard counsel for the petitioner and the State. A counter affidavit has been filed. The petitioner is one of the beneficiaries of the Scheme called Swajaldhara which was initiated for the village Medinipur in the district of Rohtas. A sum of Rs. 9,26,600/- was sanctioned for the said Scheme/Programme by the District Water and
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Sanitation Committee, Rohtas. Underground water supply through pipes to the residents of the village was the purpose of the said Programme. The villagers was also to cooperate monetarily in the said Programme/Scheme.
It is stated that the 1st instalment of the said Programme/Scheme in the sum of Rs. 4,16,900/- was sanctioned and made available for the implementation of the said Programme/Scheme. The work was carried out. Now the grievance of the petitioner is that the remaining amount under the said Programme/Scheme has not been disbursed. The whole programme has therefore gone haywire. The respondents, in such circumstances, be directed to release the remaining fund sanctioned/earmarked for the said Programme/Scheme to be implemented in the said village.
In paragraph 12 of the counter affidavit filed on behalf of respondent no.8, affirmed by the Executive Engineer, Public Health Division, Sasaram, it has been stated as under:-
“12. That in this very financial year, the said second instalment is expected to be released by the department and the balance work will be completed.”
If the Programme is not completed not only the
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villagers but also the State shall suffer. To provide drinking/potable water facility to the citizens is one of the fundamental responsibilities of the State. The respondent has clearly stated that the 2nd instalment under the said Plan/Scheme/Programme shall be made available in this financial year ending on 31st March, 2016.
Having regard to the aforesaid stand of the respondent, in my view, the grievance of the petitioner stands addressed.
The writ application is accordingly disposed of.
(Kishore Kumar Mandal, J)
HR/-
U
Umarendra Kumar
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
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