Sevak Co Operative Labour Contract And Construction Society Ltd. v. The State Of West Bengal And ORS.

23.12.2024 Ct. No.10 Sws.M W.P.A. 17702 of 2024 Sevak Co-operative Labour Contract And Construction Society Ltd.

-Vs.- State of West Bengal & Ors.

Md. Ali Ahasan ...for the petitioner Mr. Tapas Kumar Adhikari Mr. Arun Kumar Saha ...for the State The grievance of the petitioner is directed against non-payment of a revised bill in respect of alleged public work carried out by the petitioner. It is submitted on behalf of the petitioner that though the initial bill had been paid, a revised bill for additional work remains unpaid.

The State is represented and files a Report contending that no additional work had been carried out and the entire work of the petitioner is fraudulent and fabricated.

It is further submitted on behalf of the State that they intend to file a criminal proceeding against the petitioner in respect of the illegality and fraud in raising claims against the State.

In view of the disputed question of facts which arises in a purely contractual situation, there is no question of granting any relief in favour of the petitioner. As such, WPA 17702 of 2024 stands dismissed on the ground of maintainability.

However, there shall be no order as to costs.

Since affidavits have not been invited, the allegations made in the writ petition are deemed not to have been admitted.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)