Orchid Engineers Cooperative Society Ltd And ANR. v. The State Of West Bengal And ORS.

05.04.2023 Item No.18 GB W.P.A. No. 7564 of 2023 Orchid Engineers Co-operative Society Limited & Anr.

Versus

The State of West Bengal & Ors.

Mr. Subrata Bhattacharyya, Ms. Arunika ghosh, Ms. Shipra Santra ....for the Petitioners.

Mr. Raja Saha, Mr. S.P. Lahiri ...for the State-respondents.

Affidavit-of-service is taken on record. Despite service, none appears on behalf of the Paschim Bardhaman Zilla Parishad.

The writ petition is disposed of with a direction upon the competent authority of the Paschim Bardhaman Zilla Parishad to treat the writ petition as the representation of the petitioners and dispose of the same in accordance with law. It is an admitted position that work orders were issued in favour of the petitioners sometime in 2014-15 for construction of a bridge over Singaran River at Tarakdanga within Andal Police Station. The work was executed prior to bifurcation of the district.

It appears that an amount of Rs.22,85,653/- was paid. The petitioners claim that Rs.18,14,243/- is still due and payable by the Paschim Bardhaman Zilla Parishad. Such claim of the petitioners shall be decided in accordance with law. If the claim is found to be genuine and admissible either in full or in part, a reasoned order shall be passed to that effect and the payment shall be released in accordance with law. If the claim of the petitioners is found to be inadmissible, reasons for such finding shall be disclosed in the order. The order so passed, in either case, shall be communicated.

The entire exercise shall be completed within a period of two months from the date of receipt of the copy of the writ petition along with a server copy of this order. This Court has not gone into the merits of the claim of the petitioners.

This order is being passed upon the Executive Officer, Paschim Bardhaman Zilla Parishad as the work was executed within the jurisdiction of the concerned zilla parishad. A copy of the writ petition along with a server copy of this order be served upon the Executive Officer, Paschim Bardhaman Zilla Parishad.

The writ petition is, thus, disposed of There shall be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)