M.KATJU, J. - (1.) HEARD learned Counsel for the parties.
(2.) IN this case on 11 -2 -2003 Standing Counsel was granted three weeks time to file counter -affidavit. Thereafter on 6 -3 -2003 again three weeks were allowed to Standing Counsel to file counter -affidavit. Ultimately on 1 -4 -2003. The Court granted three weeks and no more time to file counter -affidavit. When the case was listed on 23 -4 -2003 still counter -affidavit was not filed. Hence we heard the learned Counsel for the petitioner and learned Standing Counsel and reserved the judgment. Since no counter -affidavit has been filed despite several opportunities given to the Standing Counsel we are left with no option but to treat the allegations in the writ petition to be correct.
(3.) IN paragraph 2 of the writ petition it is alleged that by letter dated 25 -10 -2002 of the Special Secretary, Planning, Government of India, financial approval was given in the year 2002 -03 from Purvanchal Vikas Nigam Nidhi for the proposed project to be executed for district Sant Kabir Nagar and to be carried out from P.W.D. Marg via Khaira Nibla to Govind Raj to Jajha Ghahora, five kilometer road was to be painted by mud, huge pipe and R.R.C. Pulia of two meter were to be undertaken and for this purpose the job was to be carried out by rural engineering services, Sant Kabir Nagar as per order of the Government. For this purpose a total sum of Rs. 63.05 lacs was approved for the whole project and out of this financial approval was given by the Government for Rs. 31.525 lacs. This amount of Rs. 31.525 lacs was to be kept in P.L.A. account of District Rural Development Authority (D.R.D.A.) out of which Rs. 23.65 lacs was given to the Rural Engineering Services, Sant Kabir Nagar as part payment vide letter dated 25 -10 -2002 Annexure 1 to the writ petition. It is stated that this amount was to be utilized only for the said project which has to be completed by 31 -3 -2003 positively.;