IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12488 of 2008 THE SECRETARY BIHAR SEVA SANSTHAN, SEVA NAGAR, P.S. TOWN NAWADA, DISTRICT NAWADA THROUGH DR. SAURABH SUMAN WIFE OF RAJENDRA PRASAD, R/V SEVA NAGAR, PS. TOWN NAWADA, DISTRICT NAWADA(THE HOLDING POST OF SECRETARY) . Versus 1. THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF RURAL DEVELOPMENT, GOVT. OF INDIA. 2. THE UNION OF INDIA THROUGH THE DIRECTOR GENERAL COUNCIL FOR ADVANCEMENT OF PEOPLE ACTION AND RURAL TECHNOLOGY. 3. THE MEMBER CONVENER, BIHAR COUNCIL FOR ADVANCEMENT OF PEOPLE ACTION RURAL TECHNOLOGY REGIONAL COMMITTEE, PATNA CENTRAL BICOMAN BHAWAN. For the petitioner : M/s S.K. Thakur, P.K. Verma, Advocates. For the respondent : Mr. Kaushal Kishore Jha, Advocate. ----------- 04. 17.03.2011 Heard learned counsel for the petitioner and the Union of India. 2. Petitioner is Non-Governmental Organization undertaking irrigation and agriculture development programme at the instance of Council for Advancement of People’s Action and Rural Technology for which agreement dated 28.4.2003 was also entered into, copy whereof was not annexed with the writ petition but has been produced by the counsel for the petitioner for perusal by this Court. 3. This writ petition has been filed praying inter alia to direct respondent no.3 to release the payment due to the petitioner as respondent no.3 had undertaken to examine the claim of the petitioner after rainy season is over and to release the payment, which is evident from notes dated 19,21.6.2007 at page 56 of the brief. Appreciating - 2 - the aforesaid submission made by the counsel for the petitioner this Court under orders dated 21.7.2010 issued notice to respondent no.3. In spite of valid service of notice on respondent no.3 no appearance has been made on behalf of respondent no.3 to contest the submission noted above. 4. Having heard counsel for the petitioner and the Union of India, I dispose of the writ petition directing respondent no.3 to consider the claim of the petitioner for release of the amount, as was agreed under note dated 19,21.6.2007 at page 56 of the brief, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the court below. In case, respondent no.3 is not inclined to release the amount, it must state reason in its order. Rajesh/ (V.N. Sinha, J.)