Anita Shah @ Anita Sah v. State Of West Bengal And ORS.

29.11.2024 Ct. 14 AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 7178 of 2024 Anita Shah @ Anita Sah -versus The State of West Bengal & Ors.

Mr. Pratik Dhar. Sr. Advocate.

Mr. Partha Chakraborty.

Mr. Prosenjit Mandal.

Mr. Arghya Mullick.

Mr. Muhammad Obaid.

Ms. Writwika Dutta.

...For the Petitioner.

Mr. Tapan Kr. Mukherjee. Sr. Adv. Ld. AGP Ms. Sangeeta Roy.

... For the State.

1. The petitioner supplied certain materials in connection with the horticulture banana scheme under MGNREGS as per the work order issued in its favour.

2. A completion certificate dated 7th January, 2022 signed by the Assistant Registrar of Co-operative Societies, Co-operation Directorate, Malda has been issued certifying that the petitioner supplied all materials to the respective beneficiary specified in the supply order against 175 out 425 schemes and submitted bill, road challan and consent forms. The value of the materials supplied is Rs. 3,41,89816/- only.

3. No payment has been made to the petitioner till date.

4. The detailed representation by the petitioner before the District Magistrate and the District Programme Coordinator and the Assistant Registrar of Cooperative Societies seeking payment is pending consideration.

5. Without entering into the merit of the prayer of the petitioner, the instant writ petition is disposed of by directing the District Magistrate being the District Programme Coordinator to take steps for releasing the payment of the petitioner strictly in accordance with the prevailing rules and the subject scheme at the earliest but positively within a period of twelve weeks from the date of communication of this order.

6. The payment due to the petitioner as claimed is Rs. Rs. 3,41,89816/- only. The District Magistrate shall verify its records and make payment of the amount that is legally due and payable to the petitioner.

7. Learned advocate for the petitioner is directed to forward copy of the representation of the petitioner dated 29th January, 2024 along with all supporting documents to the aforesaid respondent at the time of communicating the order of the Court.

8. Affidavit-of-service filed in Court today be kept with the records.

9. The writ petition stands disposed of.

10.Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)