Khairul Sk. v. State Of West Bengal And ORS.
28.09.2022 Sl. No.76(DL) srm W.P.A. No. 4033 of 2022 Khairul Sk.
Vs.
The State of West Bengal & Ors.
Mr. Ziaul Haque, Mr. Himadri Kumar Mahato ....for the Petitioner.
Mr. Lalit Mohan Mahata, Mr. P.B. Mahata ...for the State-respondents.
Affidavit-of-service is taken on record.
The petitioner claims that pursuant to the work orders issued in favour of the petitioner after completion of a tendering process, the petitioner constructed an Anganwadi Centre and also supplied the materials for sanitation and electrification at Hazi Saheb Primary School, District Murshidabad, under a MGNREGA scheme. The allegation is that, although both the works were authorized by the Farakka Panchayat Samity and the completion certificate had been issued by the Block Development Officer Farakka Development Block, the payment of Rs.4,15,890/- in respect of the aforementioned work executed pursuant to NIT No.10/EO/FKK/2017-18 dated December 4, 2017 had not been released.
It appears that the petitioner had already approached the Executive Officer, Farakka Panchayat Samity with his allegations and claims for payment. The said claims have not been disposed of despite several reminders. The authorities have also not intimated the reasons as to why the payment had not been made. Under such circumstances, the Executive Officer, Farakka Panchayat Samity, shall treat the writ petition as a representation and dispose of the same in accordance with law. If the bills are found to be in order and there are no discrepancies, the payment will be released. If there are any reasons to withhold the payment, or part thereof, then such reasons shall be disclosed, as the approval of the Block Development Officer and the completion certificate are already on record. A reasoned order shall be passed and communicated.
The entire exercise shall be completed within a period of two months from the date of communication of this order.
The writ petition is, thus, disposed of.
There will be no order as to costs.
Parties are to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)