Pallimangal Entp. & ANR. v. State Of West Bengal & ORS.

09.03.2021.

d.p.

W.P.A 3422 of 2020 (Via Video Conference) Pallimangal Enterprise & Anr.

-versus The State of West Bengal & Ors.

Mr. Sarwar Jahan, Mr. Firoze Hassan, Mr. Asraf Mandal.

...For the Petitioners.

Mr. Debjit Mukherjee, Ms. Rupsha Chakraborty.

...For the State.

As per the direction of the Court dated 28th January, 2021, the District Magistrate, Murshidabad has prepared an affidavit disclosing documents with regard to the payment made in favour of Habibur Rahaman and Abdul Gaffar.

An enquiry report by five members of the Enquiry Committee dated 23rd July, 2019 is annexed to the said affidavit.

The Committee after going through the documents including resolution, tender notice, comparative statement, supply order, measurement book, bill voucher, application for bill, MIS report, photocopy of the work etc. has come to an opinion that the work was done completely as per schedule. Physical verification was made at the site and the Assistant Engineer and other technical members of the Committee expressed satisfaction with the work. The Committee was of the unanimous decision that

payment regarding work should be disbursed as the work has been executed as per schedule and payment recommendation by the technical person entrusted for the same has been made.

The specific case of the petitioners is that they are similarly placed as that of Habibur Rahaman and Abdul Gaffar.

As the direction has been made for payment of the other two persons who participated in the selfsame tender, accordingly, the instant writ petition is disposed of by directing the District Magistrate, Murshidabad to take necessary steps for disbursing the dues in favour of the petitioners, strictly in accordance with the tender notice, after scrutinizing the necessary papers and the work done by the petitioners in terms of the work order issued. If the documents of the petitioners and the work performed by the petitioners are found to be in order, then payment shall be released at the earliest but positively within a period of six months from the date of communication of a copy of this order.

W.P.A. 3422 of 2020 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)