M/S Sanjay Construction v. The Howrah Municipal Corporation And ORS

Item No. 136 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 29.08.2022 Ct-24 WPA 8425 of 2022 M/s. Sanjay Construction v.

The Howrah Municipal Corporation & Ors.

Mr. Bhagbat Choudhury ... for the petitioner.

Mr. Sandipan Banerjee Mr. Sobhan Majumder Mr. Ankit Sureka ... for HMC.

The grievance of the petitioner is that the representation dated April 4, 2022 filed before the Howrah Municipal Corporation praying for releasing the arrear payment in connection with the tender work done by the petitioner, is yet to be considered by the respondents.

Learned advocate representing the Howrah Municipal Corporation has taken the preliminary point of limitation in presenting the writ petition before this Court.

Without entering into the merits of the claim of the petitioner, the instant writ petition is disposed of by directing the respondent no. 3 to take a decision with regard to the representation filed by the petitioner

through the learned advocate on April 4, 2022, in accordance with law.

The said respondent shall pass a reasoned order within a period of twelve weeks from the date of communication of a copy of this order and communicate the same to the petitioner immediately thereafter. It is made clear that this Court has not entered into the merits of the claim of the petitioner and all point are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated April 4, 2022 along with all necessary documents in support of the claim to the aforesaid respondent at the time of communicating the order of this Court.

The writ petition stands disposed of.

Affidavit-of-service filed in Court today is taken on record.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)