IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.15061 of 2010
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BHARTIYA KRISHI SHRAMIK SANGH
Versus
THE STATE OF BIHAR & ORS
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Appearance :
For the Petitioner: Mr. Indu Bhushan Prasad, Advocate
For the Respondent: Mr. Kaushal Kumar Jha, S.C.-18
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6. 30.11.2010. Though served respondent nos. 6 and 7 have
not entered appearance.
This petition under Article 226 of the
Constitution has been filed by Bhartiya Krishi Shramik
Sangh, a registered society, through its President
Balkrishna Jha. It is the complain of the petitioner that
several persons registered under the Mahatma Gandhi
National Rural Employment Guarantee Scheme from
village Loshghani, District-Lakhisarai have not been
paid the wages and that the funds allotted under the
Scheme have been misappropriated by the respondent
nos. 6 and 7.
Learned Advocate Mr. Kaushal Kumar Jha
has appeared for the respondent state. He has filed
counter affidavit made by Sri Mukesh Kumar ‘Mukul’,
Block Programme Officer, Surajgarha. The deponent has
placed on record a list of the names of the persons
registered under the Scheme and the amount paid to
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them. It is stated that in Loshghani some 1646 families
have been registered under the scheme and they have
been paid wages as disclosed in the statements annexed.
Nevertheless, learned Advocate Mr. Indu
Bhushan Prasad appearing for the petitioner is not
satisfied. He has submitted that the persons named at
page 11 of the petition do hold job card under the
Scheme, nevertheless they have not been paid the wages.
He has submitted that he shall file affidavit of each such
person to make statement on oath that each such person
is the resident of Village-Loshghani and that he holds the
job card under the Scheme and that he has not been paid
the wages assured.
At the request of the learned Advocate Mr.
Indu Bhushan Prasad, stand over to 21st December 2010.
(R.M. Doshit, CJ)
(Jyoti Saran, J)
Pawan/-