Sajjad Ansary And ANR v. State Of West Bengal And ORS.

M/L 842 10.11.2022 Court. No. 19 GB W.P.A. 14812 of 2022 Sajjad Ansary & Anr.

VS The State of West Bengal & Ors.

Mr. Shuvro P. Lahiri, Mr. Rajesh Naskar.

... for the Petitioners.

Mr. Himadri Sikher Chakraborty, Mr. Arunava Maiti.

... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

The Block Development Officer, Jhalda-I Development Block shall treat the writ petition as representation and dispose of the same upon hearing the petitioners as also any other authority, connected with the work, which had been allegedly completed and executed by the petitioners.

It appears that part payment has already been made and there was a field enquiry with regard to the works done by the petitioners. It also appears that some defects had been detected and the authorities had not released the final payment.

Under such circumstances, this Court is of the view that upon making a further enquiry with regard to the final bill payable to the petitioners as per the work done by the petitioners, a report shall be prepared and the admissible dues must be paid to the petitioners as per the final decision of the concerned authority. A reasoned order shall be passed

and communicated to the petitioners. The petitioner shall be heard after the enquiry is made.

Needless to mention, the admissible dues, if any, shall be released within a period of eight weeks from date of communication of this order. If the authorities withhold payment or part payment thereof, reasons shall be disclosed in the order. If any bill has been prepared and is pending approval, the same shall also be taken into account while disposing of the entire issue.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

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

(Shampa Sarkar, J.)