Chandrashekhar, J. - (1.) Aggrieved by notices issued to the petitioners seeking refund of Rs.45,000/released to them for construction of house under the Indira Awas Scheme , the present writ petition has been filed.
(2.) The petitioners claiming themselves members of BPL families were granted benefit under the Indira Awas Scheme , on the recommendation of the local Mukhiya/M.L.A. The total grant under the Scheme for construction of house was Rs.45,000/, out of which the first instalment of Rs.22,500/was disbursed on the report submitted by the Block Extension Agricultural Officer. It is stated that after supervision by the Block Extension Agricultural Officer and the Panchayat Sewak regarding construction of 2/3 rooms, the balance amount was paid to the petitioners. The letter dated 24.08.2013 was issued to the petitioner no.1 on the allegation that he portrayed previously constructed 6 rooms as new construction/additional construction under the Scheme.
(3.) The learned counsel for the petitioners referring to letter dated 02.11.2013 and report dated 14.08.2013, submits that the direction for registration of a criminal case and for instituting a recovery proceeding against the petitioners is unwarranted. It is further submitted that the grant under the Scheme to the petitioners does not fall under the definition of Public demand under Section 3(6) of the Bihar and Orissa (Public Demands Recovery) Act, 1914 and therefore, the recovery proceeding cannot be initiated against the petitioners.;