M/S. Ajmeri Enterprise v. State Of West Bengal And ORS.

26.08.2025 Item No.32 Ct. No.42 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 20149 of 2024 M/s. Ajmeri Enterprise -VsThe State of West Bengal & Ors.

Mr. Shuvro P. Lahiri Md. Habibur Rahman Mr. Rajesh Naskar ... for the petitioner Mr. Tapas Kr. Adhikari Ms. Chandrani Mukherjee ... for the State 1.

By the present writ petition the petitioner seeks for release of outstanding dues of Rs.23,20,199/- in favour of the petitioner.

2.

The petitioner contends that he participated in following e-tenders: (i) e-NIT Memo No.1169 dated 16.06.2020 Serial No.1 vide E-Tender ID:2020ZPHD 286703 for construction of additional class room at Fulbari SSK under Matikunda-I Gram Panchayat District Uttar Dinajpur; (ii) e-NIT Memo No.1177 dated 16.06.2020 Serial No.1 vide E-Tender ID:2020ZPHD 286722 for construction of additional class room at Siyaltor Free Primary School under Gunjaria Gram Panchayat, District Uttar Dinajpur and (iii) e-NIT Memo No.1180 dated 16.06.2020 Serial No.1 vide E-Tender ID:2020ZPHD 286730 for construction of additional class room at Ghoramara

Free Primary School under Panditpota-I Gram Panchayat, District Uttar Dinajpur under fund MSDP. The petitioner was allotted the work orders for execution of aforesaid works. The petitioner completed the works allotted to him, however, the due bills amounting to the tune of Rs.23,20,199/- remained unpaid. Several representations were made before the District Magistrate, Uttar Dinajpur, respondent no.3, the Sub-Divisional Officer, Islampur, Uttar Dinajpur, respondent no.5 and the Block Development Officer, Islampur Block and Executive Officer, Islampur Panchayat Samity, Uttar Dinajpur, respondent no.6. However, no steps were taken. Hence, this writ petition.

3.

Mr. Shuvro P. Lahiri, learned Advocate for the petitioner submits that despite completion of work, the amount of Rs.23,20,199/- has remained unpaid. He seeks for specific direction upon the respondent no.6, the Block Development Officer, Islampur Block and Executive Officer, Islampur Panchayat Samity, Uttar Dinajpur to disburse of the aforesaid amount in favour of the petitioner. 4.

Mr. Tapas Kr. Adhikari, leaned Advocate appearing on behalf of the State submits that due to constraint of funds the said amount could not be disbursed. He seeks for granting a period of time so

that steps can be taken for disbursement of the outstanding amount in favour of the petitioner. 5.

The claim amount of Rs.23,20,199/- is admitted one.

6.

Accordingly, the respondent no.6, the Block Development Officer, Islampur Block and Executive Officer, Islampur Panchayat Samity, Uttar Dinajpur is directed to take immediate steps for disbursement of the amount of Rs.23,20,199/- along with interest at the rate of 6% per annum from the date of representation, that is, 25th February, 2022 till the date of payment in favour of the petitioner within a period of eight weeks from the date of communication of this order.

7.

Petitioner is directed to communicate this order to the respondent no.6, the Block Development Officer, Islampur Block and Executive Officer, Islampur Panchayat Samity, Uttar Dinajpur for necessary compliance.

8.

With the above direction, the writ petition being WPA 20149 of 2024 is disposed of.

9.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10.

Interim order, if any, stands vacated.

11.

All connected applications, if any, stand disposed of.

12.

There shall be no order as to costs.

13.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)