Konarak Enterprise And ANR. v. The Bidhannagar Municipal Corporation And ORS.

27.11.2025 Ct. 3 Item No.

AD 2 Saswata WPA 15000 of 2024 Konarak Enterprises & Anr.

Versus

The Bidhannagore Municipal Corporation & Ors. Ms. Sanghamitra Nandy ...For the petitioners Mr. Tirthankar Dey ...For the BMC 1.

The instant writ petition has been filed, inter alia, praying for a direction upon the respondents to disburse the bills of the petitioners against the work order NIT no. 443/PWD/Road/BMC/ dated 29th January 2021 amounting to Rs.31,70,737/- including GST and LW cess.

2.

Ms. Nandy, learned advocate appearing for the petitioners has not only drawn the attention of this Court to the work order dated 25th February 2021 but also to the certificate issued by the Executive Engineer of the BMC dated 3rd June 2025 to impress upon this Court that the petitioners have not only executed the work satisfactorily but a completion certificate is in the process of being issued.

3.

Ms. Nandy submits that although, the petitioners have from time to time issued reminders, the bills raised by the petitioners have not been disbursed. In this context, she has placed reliance on two several reminders dated 22nd July 2024 and 13th June 2025.

4.

Mr. Dey, learned advocate appearing for the BMC on instruction submits that in the instant case, the petitioner has, in fact, completed the job and the respondents are in the process of disbursing the amount due and payable to the petitioners.

5.

Having heard the learned advocates appearing for the parties and noting the rival contentions and also noting that the petitioner had been entrusted to execute the job to the extent of Rs.37,00,000/- out of the total quoted amount of Rs.3,57,49, 277/- including GST and LW cess and noting from the certificate dated 3rd June 2025 that the work of improvement of road and road protection wall and repairing of drain with cover slab at different area of Sarada Pally, Paul Para, Uttar Narayanpur, Srimani Para, Dinesh Pally, Choto Ganthi, within Ward no. 1 under BMC to the extent entrusted, has been executed to the full satisfaction of the Bidhan Nagar Municipal Corporation, I am of the view that the municipal authorities ought not to withhold the lawful and just dues of the petitioners.

6.

Accordingly, the municipal authorities are directed to forthwith process the petitioners' bills as expeditiously as possible preferably within a period of 6 weeks from the date of communication of this order and disburse the just dues as payable to the petitioners.

7.

With the above direction and observation, the writ petition is disposed of.

8.

All parties shall act on the basis of the server copy of this order duly downloaded from this Court's official website.

(Raja Basu Chowdhury, J.)