Sagar Chandra Biswas v. Bharat Sanchar Nigam Ltd & ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 334 OF 2020 SAGAR CHANDRA BISWAS VS.

BHARAT SANCHAR NIGAM LIMITED & ORS.

MR. SWAPAN KUMAR DUTTA, SR. ADVOCATE MR. SAMBUDDHAR DUTTA, ADVOCATE MR. KAZI ASHIQUE AZFAR, ADVOCATE ......for the Petitioner

1. The affidavit of service filed in Court today is taken MONDAY Court : CB-07 Item : DL-01 Bench : SINGLE Matter : WPA Status : DO ID : 266057 AR : NANDY on record. Despite service, none appears on behalf of the respondents.

2. Citing inaction on the part of the concerned respondent in making payment against the bill dated 24.07.2010, the petitioner has preferred the present writ petition.

3. The petitioner is an enlisted contractor who was assigned certain works following a tender process, and an agreement was duly executed between the petitioner and the General Manager (Telecom), BSNL, Kolkata (SSA). The petitioner's grievance is that, after executing the assigned works in accordance with the tender process, and upon the competent authority's satisfaction with the quality of the work, the bills were approved. However, for reasons best known to the respondents, payment against these bills has been withheld without any explanation.

4. The petitioner made several representations to the competent authorities requesting payment.

However, despite the receipt of these representations, no effective steps have been taken. This inaction on the part of the concerned respondents has compelled the petitioner to file the

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5. Having heard the learned Advocate for the petitioner and upon perusal of the materials on record, the writ petition is disposed of with a direction to Respondent No. 2 to take a decision on the petitioner's representation dated 13.12.2019, after affording him an opportunity of hearing.

6. It is hereby clarified that if Respondent No. 2 finds merit in the petitioner's claim, he shall take the necessary follow-up actions. If, however, he does not find merit in the claim, he shall pass a reasoned order and communicate the same to the petitioner.

7. It is further clarified that I have not addressed the merits of the claim raised by the petitioner in the writ petition. All issues are left open to be decided at the time of considering the petitioner's representation.

8. The entire exercise shall be completed within a period eight weeks from the date of receipt of this order.

9. With these observations and order, the writ-petition being WPA 334 of 2020 is disposed of.

(PARTHA SARATHI CHATTERJEE, J.)

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