Saha Construction And ANR. v. State Of West Bengal And ORS.

12.06.2024 Item No.14 Ct. No.15 S.A.

WPA 1633 of 2024 Saha Construction & Anr.

-vsThe State of West Bengal & Ors.

Mr. Pratip Kumar Chatterjee ...for the petitioners Ms. Sulagna Bhattacharya Ms. Mita Bag ...for the State Mr. Soumyajit Bhatta ...for respondent nos.3 to 5 An work order was issued in favour of the petitioners by the Panihati Municipality for "Construction of C C Road bye lane from H/O Janardan Chakraborty to H/O Biswanath Kar via. H/O Ashish Paul in Ward no-18 under Panihati Municipality".

The estimated value of the work order was Rs.37,92,825.800/- (rupees thirty seven lakh ninety two thousand eight hundred and twenty five only). Learned advocate appearing for the Panihati Municipality does not dispute the fact that the petitioners had successfully executed the work order and a completion certificate was also issued in favour of the petitioners by the Municipality.

The petitioners submit that they have been paid only Rs.8,74,751/- (rupees eight lakh seventy four

thousand seven hundred and fifty one only) till date. The remaining dues have not been paid.

The Municipality also does not dispute the fact that the petitioners have not been paid in full for successful completion of the aforesaid work. The Municipality, however, submits that due to absence of the Finance Officer of the municipality, the payment could not be made. It is further submitted that if a direction is issued upon respondent no.4 to disburse the unpaid amount of the petitioner, necessary steps would be taken by the Municipality.

In view of the aforesaid stand of the Municipality, I dispose of the writ petition with a direction upon respondent no.4 to settle the outstanding dues of the petitioner within a period of two months from the date of communication of this order.

Accordingly, WPA 1633 of 2024 is disposed of. (Kausik Chanda, J.)