JUDGEMENT
VIRENDER SINGH, J. -
(1.) The instant matter relates to an agreement dated 05.11.2011 executed between the State and respondent No.4 and 5 for construction of road from Aadli Dungri to
Dokarsai Main Road (stretch of 2.5 k.m.) under MNREGA
Scheme. The appellant -writ petitioner (for short writ
petitioner) moved a representation before Deputy
Commissioner, East Singhbhum, respondent No.3 herein
for holding an enquiry with regard to some irregularity
committed in executing the said contract in which it was
alleged that favour was extended to respondent No.5, who,
otherwise, is a Government employee. Further allegation
was that in fact no work was ever executed and that no
payment was made to MNREGA Job Card Holders. When
the said representation was not accorded consideration by
respondent No.3, the writ petitioner approached the Writ
Court seeking direction for according consideration to the
representation already moved by him, which now stands
dismissed by the learned Writ Court on the ground that the
writ petitioner has not been able to disclose a legal right
and the corresponding duty on the Deputy Commissioner,
which he has failed to discharge. Hence, the instant Letters
Patent Appeal.
(2.) At the very outset, Mr. Mishra, appearing for the State submits that with regard to the aforesaid agreement, in
fact, a discreet enquiry is already underway, which,
undoubtedly would take care of the complaint/
representation of writ petitioner against the respondent
No.4 and 5. He further submitted that the said enquiry has
not culminated till date.
(3.) Viewed thus, without entering into the locus standi of the writ petitioner to ask for the relief as sought, direct
Deputy Commissioner, East Singhbhum, respondent No.3
herein to complete the enquiry already initiated by him
with regard to the aforesaid agreement and the
construction of the road at the earliest, preferably, within
two months from the date copy of the order is made
available to him. It goes without saying that if the
construction work of the aforesaid road has already been
delayed and not complete till date, he would ensure that
the aforesaid stretch of road is constructed without any
delay, the same being under MNREGA Scheme and to the
advantage of the villagers.
The Appeal on hand, thus, stands disposed of.;
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