Shome Enterprise And ANR. v. Bidhannagar Municipal Corporation And ORS.

21.03.2025 Sl. No.61 Ct.3/ tkm W.P.A. 2577 of 2025 [Shome Enterprise & Anr. vs. Bidhannagar Municipal Corpn. & Ors.] Ms. Sanghamitra Nandy ... ... for the petitioner Mr. Sirsanya Bandyopadhyay Mr. Arka Nag Mr. Tirthankar Dey ... ... for the BMC

1. Affidavit of service is taken on record.

2. The petitioner has preferred the present writ petition alleging non-payment of admitted contractual dues by the respondent corporation. It is the case of the petitioner that the respondent corporation issued work order dated 11.07.2024 in favour of the petitioner and he has duly executed the assigned work within the stipulated period of time.

Thereafter, the executing engineer PWD by his Memo No.

265/PWD/ROAD/BMC dated 21.08.2024 issued a completion certificate in favour of the petitioner stating that the petitioner has completed the work within stipulated period of time under Bidhannagar Municipal Corporation. In the said certificate final bill amount was mentioned amounting Rs. 5,21,536.26/- (excluding GST & L.W. Cess) and Rs. 6,21,567.00 (including GST & L.W. Cess).

3. Learned counsel for the petitioner submits that despite admitting the said bill amount, the respondent authority has failed to release the amount due to the petitioner.

In such circumstances, the petitioner is forced to submit a representation dated 08.01.2025, seeking expeditious redressal.

4. He further contended that despite receiving the said representation the respondent corporation neither responded to the same nor took any steps towards settlement of the admitted dues.

5. Learned counsel for the respondent corporation submits that the respondent is willing to decide petitioner's representation dated 08.01.2025 within a period of 4 weeks from the server copy of this order after affording an opportunity of personal hearing to the petitioner.

6. In view of the submission made by the learned counsel for the respondent corporation, this Court deems it appropriate to dispose of the present writ petition by directing the respondent corporation to decide the petitioner's representation dated 08.01.2025 by passing a reasoned order within a period of 4 weeks from server copy of this order after affording an opportunity of personal hearing to the petitioner.

7. The outcome of the said consideration shall be communicated to the petitioner within one week thereafter.

8. Needless to mention that if the petitioner is aggrieved by the speaking order, the petitioner will be at liberty to challenge the same in accordance with law.

9. With the above direction the present writ petition is disposed of.

(Gaurang Kanth, J.)