M/S Rojina Construction And Another v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA10363 OF 2022 M/S ROJINA CONSTRUCTION & ANR.

VS.

THE STATE OF WEST BENGAL & ORS.

MR. AMARRENDRA CHAKRABORTY, ADVOCATE MR. DIPAYAN KUNDU, ADVOCATE ......for the Petitioner MS. ANWARI QURAISHI, ADVOCATE ......for the State

1. Petitioner No. 1, a contractor, upon completion of the WEDNESDAY Court : CB-07 Item : DL-05 Bench : SINGLE Matter : WPA Status : DO ID : 266057 AR : NANDY work assigned to him, moved from pillar to post for release of his payment. However, having received no response, he has been constrained to approach this Hon'ble Court with the present writ petition, seeking a writ of mandamus directing the respondents to release the amount of Rs. 5,27,600/- in his favour.

2. Petitioner No. 1 was allotted the work of constructing additional classrooms at Julabditola Primary School, Malda, after completion of all formalities. As noted earlier, Petitioner No. 1 carried out the construction work in accordance with the terms and conditions of the work order and within the stipulated time. Funds had been allotted to the concerned school for the said construction work.

3. However, the Headmaster, who holds a position of social respect, allegedly misappropriated the funds, and as a result, the amount payable to the petitioner could not be disbursed. This incident has led to the institution of the present writ petition.

4. According to the petitioner, it is entitled to receive a sum of Rs. 5,27,600/- from the School and the respondent authorities.

5. Ms. Quraishi, learned Advocate appearing for the

P a g e | 2 State, has produced certain documents and submits that a direction may be given to the District Education Officer, Samagra Shiksha Mission, Malda, to release the amount. Upon instructions, she further submits that the amount will be paid within a period of two months from date. The documents produced by Ms. Quraishi are taken on record.

6. In view of the submission made on behalf of the State, and upon perusal of the materials on record and consideration of the submissions advanced by the respective parties, I direct respondent no. 3 to disburse the amount of Rs. 5,27,600/- to the petitioner positively within a period of eight weeks from the date of receipt of a copy of this order.

7. With these observations and order, WPA 10363 of 2022 is disposed of. No order as to costs.

(PARTHA SARATHI CHATTERJEE, J.)