Khokan Sk. v. The State Of West Bengal And ORS.

10.07.2025 Sl. No.53 Ct. No.42 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 3461 of 2025 Khokan Sk.

Versus

The State of West Bengal & Ors.

Mr. Mir Anowar ... for the petitioner Mr. Ansar Mondal, Ld. AGP Mr. Ashish Dutta ...for the State-respondents.

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

This writ petition is filed seeking for release of admitted dues of petitioner amounting to Rs.4,28,440/- for execution of "Construction of Passenger Waiting Shed' at Swardanga Ghat under Nabadwip Panchayat Samity.

Mr. Mir Anowar, learned Advocate for the petitioner submits that the petitioner has completed the work allotted to him by the Executive Officer, Nabadwip Panchayat Samity, respondent no.4, however, the amount of Rs.4,28,440/- for execution of such work incurred by the petitioner has not been disbursed in his favour. Several representations were made but no step has been taken. Hence, this writ petition. He seeks for appropriate order upon the Executive Officer, Nabadwip Panchayat

Samity, respondent no.4 to take appropriate steps for disbursement of the amount in favour of the petitioners. Learned Advocate for the State submits that completion of work and claim of the petitioner amounting to Rs.4,28,440/- is not disputed. However, due to paucity of fund, the amount could not be disbursed.

Despite service none appears on behalf of the respondent no.4, Executive Officer, Nabadwip Panchayat Samity.

Upon hearing the learned Advocates for the respective parties, it is admitted position that an amount of Rs.4,28,440/- is lying due to the petitioner for execution of work of construction of passenger waiting shed at Swardanga Ghat under Nabadwip Panchayat Samity. Annexure P3 at page 16 to the writ petition shows that the Executive Officer, Nabadwip Panchayat Samity, respondent no.4 has communicated on 11th December, 2020 to the Additional District Magistrate, Nadia seeking requirement of fund for payment. The Block Development Officer, Nabadwip by his letter dated 12th April, 2024 has also sought for funds from Additional District Magistrate (D), Nadia in this regard (Annexure P6 to the writ petition). Considering above, respondent no.4, Executive Officer, Nabadwip Panchayat Samity is directed to take appropriate steps for release of the amount of Rs.4,28,440/- in favour of the petitioner within a period of eight weeks from the date of communication of this order.

Petitioner is directed to communicate this order to respondent no.4, Executive Officer, Nabadwip Panchayat Samity.

In view of the above, the writ petition being WPA 3461 of 2025 stands disposed of.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

Interim order, if any, stands vacated.

All connected applications, if any, stand disposed of. There shall be no order as to costs.

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

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.)