Rajpal Agarwal v. State Of West Bengal& ORS

05.10.2020.

d.p.

W.P.A. 6646 of 2020 IA No. CAN 1 of 2020 Old No. 5498 of 2020 (Via Video Conference) Rajpal Agarwal -vsThe State of West Bengal & Ors.

Mr. Partha Sarathi Bhattacharjee, Mr. Sougata Mitra, Ms. Ankita Dey.

...For the Petitioner.

Mr. Jishnu Chowdhury, Ms. Amrita Panja Mallick.

...For the Respondent Nos. 1, 4 and 5.

None appears on behalf of the Bandwan Panchayat Samity.

The petitioner was a successful tenderer in respect of a tender floated by the Bandwan Panchayat Samity for the purpose of construction of concrete road at Pargella Village under Bandwan Development Block. The completion certificate of the said work was issued in his favour by the Executive Officer of the Panchayat Samity countersigned by the junior engineer of the Bandwan Development Block.

The petitioner submits that he raised bills for payment in due time but the bills have not been cleared by the respondent authorities till date. The petitioner gave several reminders for clearing the bills and finally a legal notice was served through his learned advocate

on 27th July, 2020. There has been no response from the end of the respondent authorities.

As it appears that the bills in respect of the work perform by the petitioner is pending disposal at the end of the Panchayat Samity, no useful purpose will be served by keeping the writ petition pending.

Accordingly, the instant writ petition is disposed of by directing the respondent nos. 2 and 3 to take a decision with regard to the bills raised by the petitioner in respect of the construction work performed by him strictly in accordance with law, within a period of ten weeks from the date of communication of a copy of this order.

The said respondents shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

In the event the said respondents are of the opinion that any amount is due and payable to the petitioner then steps shall be taken by the said respondents for clearing the admitted dues of the petitioner immediately thereafter.

W.P.A. 6646 of 2020 and CAN 1 of 2020 are disposed of.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

( Amrita Sinha, J.)