JUDGMENT :

Ramesh Sinha, J.

1. Heard Sri Naveen Srivastava, learned Counsel for the petitioner and Sri A.K. Roy, learned Additional Chief Standing Counsel appearing for the State-respondents. Perused the record.

2. By means of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10.5.2008 directing the petitioner to pay Rs. 5 lacs which was advanced from the fund of Member of Parliament for local development in a district (For short MPLAD) to which the concerned Member represents, failing which it is directed that coercive measures shall be taken against the petitioner taking recourse to the provisions prescribed for recovery of the amount as arrears of land revenue.

3. Briefly stated facts of the case are that on the basis of the proposal forwarded by the then Members of Parliament representing district Mau a parliamentary constituency, vide letter dated 2.1.2006 for disbursement of amount of Rs. 10 lacs for construction of the school, to the petitioner society which runs Harijan Primary Pathshala situate at Chakaudi Sultani. It appears that after preliminary enquiry/investigation was conducted in the matter and the revenue record