Kishor Mukherjee v. State Of West Bengal And ORS.

14.09.2022 Sl. No.2(DL) srm W.P.A. No. 20122 of 2022 Kishor Mukherjee Vs.

The State of West Bengal & Ors.

Mr. Suman Chakraborty ....for the Petitioner.

Mr. Jahar Lal De, Mr. Rudranil Dey ...for the State-respondents.

Mr. Suddhadev Adak, Ms. Arpita Mondal Adak ...for the Respondent No.5.

Affidavit-of-service is taken on record.

The petitioner submits that between 2013 to 2018 some hardware materials had been supplied by the petitioner for installation of tube well at Bhadur Gram Panchayat, District-Hooghly. Accordingly, a bill of Rs.6,23,486/- had been raised by the petitioner. The contention of the petitioner is that the gram panchayat had verified and checked the bills, but till date, no disbursement has been made. Aggrieved, the petitioner approached the Sub-Divisional Officer, Arambagh SubDivision as also the District Magistrate, Hooghly, with a request for release of the payment.

Records reveal that the Sub-Divisional Officer, Arambagh, by a letter dated July 5, 2022 requested the Block Development Officer, Goghat-I Development Block to consider the application of the petitioner with regard to non-payment of the bills in lieu of supply of materials to the Bhadur Gram Panchayat.

It is the specific contention of the petitioner that the Block Development Officer, Goghat-I Development Block did not pay any heed to the instruction/request of the SubDivisional Officer, Arambagh, Hooghly. Under such circumstances, the writ petition is disposed of with a direction upon the Block Development Officer, Goghat-I Development Block to comply with the instruction of the Sub-Divisional Officer, Arambagh, Hooghly dated July 5, 2022 and pass necessary orders with his observations. A reasoned order shall be passed and forwarded to the Sub-Divisional Officer, Arambagh, Hooghly, with a copy to the petitioner. The petitioner shall be heard. If it is found that the petitioner is eligible for the payment, the payment shall be released in accordance with law. If it is found that the petitioner is not entitled to the payment, in that case, reasons shall be disclosed in the order. While enquiring into the matter and deciding the issue, the Pradhan of Bhadur Gram Panchayat shall also be

heard. Parties shall be asked to produce necessary documents in support of their claims.

The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order along with a copy of the writ petition. The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)