Bateshwar Sahani v. State of U.P. and 3 Others

Court No. - 40 Case :- WRIT - C No. - 36906 of 2023 Petitioner :- Bateshwar Sahani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjai Singh Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Sri Sanjai Singh, learned counsel for the petitioner and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents.

¶2Present writ petition has been preferred for a direction to the respondent no.2-District Magistrate, Ghazipur to ensure payment of remuneration to the tune of Rs.18,000/- as labour charge in the flood season 2021 for running the Boat in River Tons at Sidhagar Ghat.

¶3The Coordinate Bench of this Court vide order dated 09.11.2023 directed the learned Standing Counsel to obtain instructions in the matter as to why the remuneration claimed by the petitioner has not yet been paid to him though the work was completed. In response to the said order, Sri Devesh Vikram, learned Additional Chief Standing Counsel has placed the instructions dated 18.11.2023 sent by the Additional District Magistrate (F/R), Ghazipur, which is taken on record. On the basis of said instructions, he submits that the claim set up by the petitioner has been acknowledged and accepted by the competent authority i.e. Sub Divisional Magistrate, Kasimabad, Ghazipur on 18.11.2023 and he made a request for release of fund. He submits that some reasonable time may be accorded so that actual payment may be ensured.

¶4Considering the facts and circumstances of the case, we are not inclined to keep the matter pending consideration. As the petitioner belongs to weaker section and remuneration charges are also very meager, we expect that all remedial measures shall be taken by the concerned District Magistrate expeditiously and preferably within three weeks from the date of production of certified copy of this order.

¶5The writ petition stands disposed of accordingly. Order Date :- 21.11.2023 Prajapati High Court of Judicature at Allahabad