Prag Engineering Services And ANR v. State Of West Bengal And ORS.

28.08.2025 AGM In The High Court At Calcutta Special Civil Jurisdiction Appellate Side C.P.A.N. 852 of 2025 in W.P.A. 1772 of 2024 Prag Engineering Services & Anr.

-versus Smt. Reba Raha Ms. Sanghamitra Nandy.

...For the Petitioners.

Mr. Shiv Shankar Banerjee.

Mr. Abhishek Chakraborty.

...For the Alleged contemnor.

1.

Affidavit-of-service filed in Court today be kept with the record.

2.

The petitioners owe certain money from the Bhatpara Municipality. The Municipality cannot make payment allegedly because of scarcity of funds and because post facto approval of the scheme has not been accorded. The Municipality does not deny the development work done by the petitioners in terms of the work order.

3.

Submission of the municipality is that the State Government ought to fund such scheme.

4.

Reliance has been placed on the judgment delivered by the Hon'ble Division Bench of this Court on 11th October, 2023 in FMA 385 of 2023 with IA No. CAN 1 of 2022 (The State of West Bengal & Ors. -vsI Sustain Energy Pvt. Ltd. & Ors.). 5.

As, admittedly, the payment of the petitioners is due, accordingly, the Court directs the advocate-on- record of the petitioners to serve a copy of

the contempt application upon Mr. Sirsanya Bandopadhyay, Senior Standing Counsel of the State who is present in Court to enter appearance in the matter and obtain instruction from the Department of Municipal Affairs, impleaded as respondent no. 1 in the writ petition.

6.

Mr. Bandopadhyay shall take positive instruction as to when payment can be released in favour of the petitioners.

7.

Re-list the matter on 18th September, 2025.

( Amrita Sinha, J.)