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Calcutta High CourtWPA/20434/2022disposed

Malay Kumar Sarkar v. State Of West Bengal And ORS.

2022-11-18Hon'Ble Justice Moushumi Bhattacharya2 pages

Ct. 05 Item No.21 18.11.2022 (suvendu) WPA 20434 of 2022 Malay Kumar Sarkar Vs.

The State of West Bengal & Ors.

Mr. Atarup Banerjee Mr. Samit Bhanja ............for the petitioner Mr. Sk. Md. Galib Mr. Sutanu Chakrabarti .......for the State Ms. Sarmila Das ..........for the respondent nos. 4 & 5 The prayer of the petitioner for realizing the admissible amount with regard to the work order issued by the respondents for construction of nine Submersible Pumps can be disposed of in terms of a letter dated 20th October, 2022 from the General Manager, West Bengal Agro-Industries Corporation Limited who is the respondent no. 9 in the writ petition. The letter confirms that the petitioner has completed construction of nine Submersible Pumps with Solar panel including iron removal system but that the Final Completion Certificate will be issued to the petitioner only when the District Manager, West Bengal SC.ST. &

OBC DFC, Malda takes over the nine Submersible Pumps.

The Agro-Industries Corporation says that the money can be disbursed to the petitioner only upon funds being received from the respondent no. 7 who is the District Manager, West Bengal SC.ST. & OBC, DFC Malda.

Learned counsel appearing for the respondents submit that necessary direction may be passed in the matter for disbursing the funds. WPA 20434 of 2022 is disposed of with a direction on the respondent nos. 6 and 7 to disburse the admissible amount to the petitioner for the work done and in terms of the representation made on 8th June, 2022 within a period of eight weeks from date. Since the invoice was raised in June, 2020, amount which is disbursed shall also carry interest 6% per annum from 6th June, 2020 until the date of payment of the amount to the petitioner.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Moushumi Bhattacharya, J.)