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Calcutta High CourtWPA/695/2021disposed

Tapas Pathak v. State Of West Bengal And ORS.

2021-01-13Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

AD. 18.

January 13, 2021.

MNS.

W. P. A. 695 of 2021 (Via video conference) Tapas Pathak Vs.

The State of West Bengal and others Mr. Robiul Islam, Ms. Pramita Banerjee ... for the petitioner.

Mr. Pantu Deb Roy, Mr. Pannalal Bandyopadhyay ...for the respondent-authorities.

Affidavit-of-service filed in Court today be taken on record.

The petitioner, a contractor, did some work for the respondent-authorities and raised bills for such work.

It is contended that the amount raised on the second R/A Bill of Rs.23,67,059.49p, as evident from page- 17 of the writ petition, has not yet been cleared in favour of the petitioner. Learned counsel places reliance on copies of the representations given by the petitioner in this regard, which are annexed to the writ petition. Learned counsel for the respondentauthorities submits that the incomplete work,

which was not done by the petitioner, has already been assigned to some other agency and the claims of the petitioner are disputed.

In view of such claim being contentious, W. P. A. 695 of 2021 is disposed of by directing the respondent-authorities to consider the representation of the petitioner regarding release of the amount raised on R/A bill of the petitioner to the tune of Rs.23,67,059.49 p. within a fortnight from date, if necessary by giving an opportunity to the petitioner to represent his case before the authorities and substantiate the claim by producing documents if required.

The respondent-authorities shall, at the earliest after such consideration, intimate its decision on the payment of such bills to the petitioner. In the event the dues are admitted, partially or in entirety, by the respondentauthorities, the same shall be disbursed at the earliest, irrespective of the consideration as directed hereinabove.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)