Sahabul Mallik v. The State Of West Bengal And ORS.

WPA 8355 of 2025 26-02-2026 AKG Sahabul Mallik Vs.

The State of West Bengal & Ors.

Ct. 15 Mr. Samiran Mandal, Mr. Abhinaba Dan, Mr. Nitish Samanta, Ms. Shreyashee Mitra ...for the Petitioner Mr. Subhendu Bandyopadhyay, Mr. Subhayu Das ...for the State The present writ petition has been filed alleging nonpayment of the petitioner's dues despite the successful execution of a work order issued by the Executive Officer, Bankura-I Panchayat Samity, Bankura.

It is not in dispute that, during the pendency of the writ petition, the petitioner has received the entire value of the work order, amounting to Rs. 4,79,639/-.

Learned counsel appearing on behalf of the petitioner has sought interest on account of the delayed payment. It appears, however, that the delay occurred due to the non-availability of requisite funds at the material point of time.

In my considered view, there exists no statutory provision mandating the grant of interest in the facts and circumstances of the present case.

Moreover, the determination of entitlement to interest would necessitate adjudication of disputed questions of fact, which cannot appropriately be undertaken in the exercise of writ jurisdiction.

Accordingly, this Court is not inclined to grant interest in the present petition. The petitioner shall, however, be at liberty to institute a civil suit claiming interest, if so advised.

WPA 8355 of 2025 is disposed of accordingly.

Urgent Photostat certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on usual undertaking.

(Kausik Chanda, J.)