IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7083 of 2009 1. KRISHNA DEO PANDIT, SON OF LATE VIMAL PANDIT, RESIDENT OF ARWAL, P.S. ARWAL, DISTRICT ARWAL. 2. RABINDRA THAKUR, SON OF LATE DWARIKA THAKUR, RESIDENT OF JEHANABAD, P.S. JEHANABAD, DISTRICT JEHANABAD. 3. DILIP KUMAR GUPTA, SON OF LATE MISHRI LAL SAO, RESIDENT OF BITHIRA, P.S. KURTHA, DISTRICT ARWAL. 4. BRIJNANDAN SINGH, SON OF RAMESHWAR SINGH, RESIDENT OF VILLAGE IBRAHIMPUR, P.S. SAKURABAD, DISTRICT JEHANABAD. 5. YOGENDRA PASWAN, SON OF MOHAN PASWAN, RESIDENT OF VILLAGE KHAJURI, P.S. KARPI, DISTRICT ARWAL. 6. SATYENDRA SHARMA, SON OF LATE KUKHRAM SINGH, RESIDENT OF ASHIAWAN, P.S. KAKO, DISTRICT JEHANABAD. 7. BACHCHU RAVIDAS, SON OF AMRIT DAS, RESIDENT OF BAILO, P.S. WAZIRGANJ, DISTRICT GAYA. 8. RAM CHANDRA SINGH, SON OF DHANPAT SINGH, RESIDENT OF BANDI TOLA, KALYANPUR, P.S. BATHANI, DISTRICT GAYA------PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, JEHANABAD. 3. THE DISTRICT RURAL DEVELOPMENT ORGANIZATION, JEHANABAD. 4. THE DEPUTY DEVELOPMENT COMMISSIONER, JEHANABAD. 5. THE BLOCK DEVELOOPMENT OFFICER, KAKO BLOCK, JEHANABAD. ----------- 02. 29.06.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are the Executing Agents under Kako Block in the District of Jehanabad. They are aggrieved by the directions of the Deputy Development Commissioner, Jehanabad and the Programme Officer, Kako, Jehanabad as contained in Letter No.799 dated 5.7.2008, Annexure-11 and Letter No. 224 dated 28.7.2008, Annexure-10 whereunder instructions have been issued to recover the advance given to them for executing the works allotted. Against the order of the Deputy Development Commissioner, Jehanabad and the Programme Officer, Kako, Jenahanad, Annexures-11 and 10 petitioners have a remedy before the Divisional Commissioner, Magadh Division, Gaya. - 2 - 3. Let the petitioners assail the instructions contained in Annexures-11 and 10 before the Divisional Commissioner, Magadh Division in accordance with law on the ground that the work entrusted to them was executed as would appear from the Measurement Book as contained in Annexures 2 to 9 as also the notice received by the petitioners from the competent labour court for payment of wages for executing the works. 4. Let the petitioners file representation before the Divisional Commissioner, Magadh Division, Gaya assailing Annexures-11 and 10 in accordance with law as early as possible, in any case within one month from today and the Divisional Commissioner, Magadh Division, Gaya shall be obliged to dispose of the same in accordance with law as early as possible, in any case, within another one month from the date of receipt of the representation from the petitioners. In the representation the petitioners are at liberty to apply for interim relief before the Divisional Commissioner, Magadh Division, Gaya, which prayer should also be considered in accordance with law. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)