M/S Janardan Construction And Another v. State Of West Bengal And ORS.

Sl. No.89 08.08.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 139 of 2022 M/s. Janardan Construction & Anr.

versus State of West Bengal & Ors.

Mr. Bhudeb Chatterjee Ms. Somoshree Saha ... for the Petitioners Mr. Amrita Panja Moulick ... for the State The petitioners pray for a direction upon the appellate authority to decide the appeal for settlement of dispute preferred in terms of paragraph 24 of the Standard Bidding Documents for Pradhan Mantri Gram Sadak Yojana for Construction and Maintenance, June, 2017 published by the West Bengal State Rural Development Agency.

The petitioners preferred appeal for settlement of dispute before the Additional Chief Executive Officer, West Bengal Rural Development Agency on 1st August, 2021 and alleges that the same has not been disposed of till date.

As it appears that the appeal for settlement of dispute preferred by the petitioners is pending consideration before the Additional Chief Executive Officer for a considerable period of time, accordingly, the

instant writ petition is disposed of by directing the respondent no.2 to consider and dispose of the appeal preferred by the petitioner for settlement of dispute strictly in accordance with the Standard Bidding Document for Pradhan Mantri Gram Sadak Yojana and the relevant rules governing the field, at the earliest, but positively within a period of 45 days from the date of communication of this order.

The aforesaid respondent shall afford a reasonable opportunity of hearing to the petitioners to place all documents in support of its claim and thereafter pass a reasoned order and communicate the same to the petitioners immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim of the petitioners and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioners.

Learned advocate for the petitioners is directed to forward a copy of the appeal preferred by the petitioners before the appropriate authority at the time of communicating the order of the Court.

Affidavit of service filed in Court is taken on record. The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)