Malay Karmakar v. State Of West Bengal And ORS.

20.08.2025 Sl. No.14(DL) Ct. No.42 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 2237 of 2025 Malay Karmakar

Versus

The State of West Bengal & Ors.

Mr. Juin Dutta Chakraborty, Mr. Bidhan Modak, ...for the Petitioner.

Mr. Lalit Mohan Mahata, Mr. Ziaul Haque ...for the State.

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. By the present writ petition, the petitioner seeks for consideration of the representation dated 29th November, 2024 (Annexure P-3).

3. The petitioner contends that he participated in etender notice being NIT Memo No.229/L.N.Pur dated 2nd July, 2014 for the purpose of construction of Earthen Connecting Road for Bakreswar River Bridge (Causeway) PH-I. The work order under Memo No.402/L.N.PUR G.P. dated 10th October, 2014 was allotted to the petitioner. The petitioner completed the work in terms of the work order. The total outstanding amount was Rs.3,45,600/-. Out of the total outstanding amount, an amount of Rs.2,37,500/- has already been disbursed in favour

of the petitioner. The petitioner made representation on 29th November, 2024 through her authorised agent and learned Advocate for disbursal of the balance amount.

Since that has not been considered hence this writ petition.

4. Ms. Juin Dutta Chakraborty, learned Advocate for the petitioner submits that a direction be issued upon the respondent No.3 to consider such representation of the petitioner.

5. Mr. Prasanta Behari Mahata, learned Advocate appearing on behalf of the State submits that there is delay in making of the claim by the petitioner.

6. It is not in dispute that the petitioner has completed the work allotted to him as per the work order. There is also no dispute with regard to the outstanding amount. Be that as it may, no such representation has been made by the petitioner in his individual capacity.

7. In view of the above, the writ petition being WPA 2237 of 2025 is disposed of granting liberty to the petitioner to file a comprehensive representation before the respondent No.3, Executive Officer, Dubrajpur Panchayat Samiti. Upon representation being submitted, the respondent No.3, Executive Officer, Dubrajpur Panchayat Samiti shall consider and dispose of the representation of the petitioner by passing a reasoned order in accordance with law

within a period of four weeks from the date submission of such representation.

8. The reasoned order shall be communicated to the petitioner within a week thereafter.

9. The learned Advocate for the petitioner is directed to communicate this order to the respondent No.3 for necessary compliance.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)