Ashok Paul v. State Of West Bengal And ORS.

08.07.2024 Sl. No.7(DL) srm W.P.A. No. 9181 of 2024 Ashok Paul

Versus

The State of West Bengal & Ors.

Mr. Kaustav Bagchi, Mr. Debayan Ghosh, Ms. Prithi Kar ...for the Petitioner.

Md. Sk. Galib, Ms. Ashmita Chakraborty ...for the State-respondents.

Affidavit-of-service is taken on record.

The petitioner has approached this Court after 11 years from the alleged cause of action.

It is the contention of the petitioner that he had completed certain works given by the authorities, but the payments had not been received. Thus, a mandamus is sought for directing the authorities to release the amounts, as stated in the writ petition. The petitioner relies on a document which indicates that the bill was accepted by the Block Development Officer, Sankrail Development Block and the Block Development Officer had endorsed that payments may be approved.

To such contention of the petitioner, learned Advocate for the State submits that the expression "may be approved" would not indicate that the claim had been accepted. It was subject to

approval by the appropriate authority and the state government disputes such claim.

Learned Advocate for the State-respondents submits that the petitioner has filed a belated writ petition praying for release of fund for the work done in 2013. First representation made by the petitioner was in 2013. Thereafter for a period of 11 years the petitioner was in a slumber. He filed another representation in 2024. The authorities submit that the authenticity of the claim of the petitioner is doubtful.

This Court is not inclined to express any opinion on the claim of the petitioner. This Court of course finds that the petition is belated. However, the respondents are directed to intimate the petitioner with regard to the issues raised in the writ petition by passing a reasoned order. The said order shall reach the petitioner within two months from the date of communication of this order.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

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

(Shampa Sarkar, J.)