Sisir Ghosh v. State Of West Bengal And ORS.

26.09.2025 Court No.23 DL/Item No.-24 [Milan]

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION Appellate Side WPA 13698 of 2025 Sisir Ghosh versus The State of West Bengal & Ors.

Mr. Manas Kumar Das, Mr. Aritra Kumar Thokdar ....for the petitioner Mr. Pinaki Dhole, Ms. Amrita Tewari ....for the State

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

2. This instant writ petition has been filed by the petitioner, inter alia, praying for direction upon the respondents to disburse the dues of the petitioner in pursuant to the completion of work done on the basis of work order dated 22.11.2021 vide Memo No.2741/En issued by the respondent no.5 being Block Development Officer.

3. It is the specific case of the petitioner that the petitioner is bona fide a Government Contractor who was awarded work order on 22.11.2021 by the Block Development Officer (in short, "BDO"), Bharatpur-I Development Block, Murshidabad for construction of community toilet with submersible pump. The said work has been completed in the year 2022, despite

completion, no payment has been made, several representations were made upon the respondents, but the same are in vain. Lastly, on 26th March, 2025, a representation for payment of Rs.3,62,116.52/- was made through the learned advocate, the same is under consideration, is not yet completed.

4. On the other hand, the learned advocate for the State submits that she has no instruction for this issue.

5. Having heard and considering the submission of both the sides, this Court finds that no fruitful purpose will be served keeping this writ petition pending for adjudication when the representation is pending before the concerned authority i.e. respondent no.5.

6. Accordingly, this writ petition being WPA 13698 of 2025 is disposed of with direction upon the respondent no.5 to consider the representation dated 26th March, 2025, after giving an opportunity of hearing to the petitioner and, dispose of the same within six weeks from the date of communication of this order and pass a reasoned order. The reasoned order will be served upon the petitioner within one week thereafter.

7. There shall, however, be no order as to costs.

8. All parties shall act on the basis of a server copy of this order duly downloaded from the official website

of this Court without insisting upon production of a certified copy thereof.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities (Ajay Kumar Gupta, J.)