Das And Brothers And ANR v. State Of West Bengal And ORS.
CPAN 270 of 2022 in WPA 5893 of 2021 Das Brothers & Anr.
Vs.
Sri Debasish Ghosh Court No. 19 23.03.2023 (AD 21) (S. Banerjee) Ms. Sanghamitra Nandy ... for the applicants Mr. Sudipto Panda Ms. Munmun Tewary ... for the State Mr. Sirsanya Bandyopadhyay Mr. Tirthankar Dey Mr. Arka Kumar Nag ... for the alleged contemnor The erstwhile Commissioner, Bidhannagar Municipal Corporation was of the opinion that the petitioners had completed the allotted works. However, the money was not paid. The present Commissioner, who is the alleged contemnor no. 2, also does not deny such decision of his predecessor in office. The contempt application has been filed on the allegation that the order of this court for release of payment, had been violated.
Mr. Bandyopadhyay, learned advocate appearing on behalf of the alleged contemnor No.2, submits that a request has been sent to the Department of Urban Development and Municipal Affairs, Government of
West Bengal for release of funds, but no allotment has yet been made by the government.
Mr. Panda, learned advocate appearing state respondents prays for an extension of time to come back with necessary instruction as to whether the State government would disburse any sum to the Corporation for payment of the aforesaid bills.
Mr. Bandyopadhyay submits that once the stand of the government becomes clear, further steps will be taken by the alleged contemnor no. 2 with regard to payment of the admissible amount to the petitioners. Under such circumstances, the court expects and hopes that the alleged contemnors shall ensure that the payments are made to the contractors who had completed the work under proper work-orders issued by the Corporation.
Let this matter appear on 27th April, 2023 and it is expected that the entire issue shall be resolved with the intervention of the executive heads of the Corporation and the Government of West Bengal. The issue of contempt shall be finally decided on the next date.
(Shampa Sarkar, J.)