- (1.) HEARD Shri Rajesh Kumar and Shri Rajeev Ranjan Tiwary, learned counsel for the petitioner and JC to AG for the respondent State.
(2.) THE grievance of the petitioner in this writ application is against the order dated 24.07.2007 passed by the Deputy Development Commissioner, Gumla, demanding refund of the money received by the petitioner for the purposes of implementation of the Central Scheme under National Rural Employment Guarantee Act (NREGA), and also against the refusal to pay the petitioner the amount demanded by him for the work which he had rendered under the scheme. Grievance has also been raised regarding the purported arbitrary reduction in the rates stipulated in the original contract. The petitioner is a Registered Non -Governmental Organization under Indian Trust Act and its main area of work is in the district of Lohardaga and Gumla. Under the NREGA scheme, the petitioner was given the work by the order of the Deputy Commissioner, Gumla for plantation of various trees on the land of beneficiaries in the village Khairipat, Gora Pahar, Sakhuapani, Dokapat, Jobhipat and Lumumpat in the district of Gumla at the estimated cost of Rs. 24,738/ -. The area where plantation works was to be carried out, comprised of six different villages. Out of them, the petitioner had executed the plantation works in three villages. However, as regards the remaining three villages, the petitioner had pointed out certain difficulties in performance of the work there and had stopped to carry out plantation of trees. Though, no formal order was communicated to the petitioner at his request in respect of the other three substituted villages, but the concerned authorities of the Rural Development Department had not only identified the spots, but also the beneficiaries in the substituted three villages. By making spot inspection, the petitioner had carried out the works of plantation in three substituted villages.
(3.) LEARNED counsel for the petitioner explains that on the petitioner's demand for payment of the contracted amount after completion of the plantation works, an audit report was also made and the same had confirmed the fact that the petitioner had executed the plantation works in the substituted three villages besides the originally allotted three villages. Thereafter, payment was also released in favour of Gram Pradhans of the villages to enable payment to the beneficiaries and out of which, the petitioner was entitled to payment of commission as stipulated in the work Agreement.;