Goutam Choudhury v. State Of West Bengal And ORS.

D/L 17 22.07.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 5184 of 2025 Goutam Choudhury Vs.

The State of West Bengal & Ors.

Mr. Malay Bhattacharya Mr. Subhrojyoti Ghosh ...for the Petitioner.

Mr. Shayak Chakraborty Mr. Sudip Sarkar ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner was awarded a contract by the respondent authority in the year 2001. The said contract was, however, terminated in the year 2002.

3. The petitioner seeks refund of the earnest money.

4. The petitioner earlier approached the learned Trial Court in a Civil Suit praying for compensation. The suit was later withdrawn by the petitioner. It has been submitted that no specific prayer was made in the Suit for refund of the earnest money.

5. Upon hearing the submission and on perusal of the materials placed before this Court, it appears that the contract was accepted by the petitioner in the year 2001 which later stood terminated in the year 2002.

6. In the year 2025 the instant writ petition has been filed seeking refund of the earnest money. The prayer of the petitioner, at such belated point of time, cannot be

accepted by the Court. The claim of the petitioner appears to be time barred.

7. In view of the above, no relief can be granted to the petitioner in the instant case. The writ petition fails and is hereby dismissed.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)