M/S. Nandi Construction Company And ANR. v. State Of West Bengal And ORS.

25.03.2026 Sl. No.58 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/20374/2025 M/S. NANDI CONSTRUCTION COMPANY AND ANR.

VS STATE OF WEST BENGAL AND ORS.

Mr. Ramkrishna Bhattacharya Mr. Kaushik Choudhury ...for the Petitioners.

Mr. K.J. Yusuf, AGP Mr. Parikshit Goswami ...for the State.

Mr. Soumik Ganguli ...for the Respondent No.2.

1.

On the prayer of the learned advocate for the petitioners, the Deputy Secretary, Government of West Bengal, Food & Supplies Department is impleaded as a necessary party as added respondent no.9.

2.

Report filed by the Secretary, Bankura Zilla Parishad dated 24th March, 2026 is taken on record.

3.

Report filed by the State respondents is also taken on record.

4.

By the present writ petition the petitioners seek for release of the amount of Rs.20,11,319/- together with interest to the petitioners.

5.

The petitioners contend that the petitioner no.1 participated in the tender process under Reference

N.I.T. No.1 of 2017-18. The petitioner no.1 was allotted work order vide letter dated 30th May, 2017. The petitioner no.1 in terms of the work order completed the work of construction. However, payment of Rs.20,11,319/- has been kept outstanding by the Bankura Zilla Parishad. Hence, this writ petition.

6.

Mr. Ramkrishna Bhattacharya, learned advocate appearing for the petitioners submits that specific direction be issued upon the Additional Executive Officer, Bankura Zilla Parishad to release the funds in favour of the petitioner forthwith.

7.

Mr. Soumik Ganguli, learned advocate appearing for the Bankura Zilla Parishad submits that due to nonreceipt of the funds the amount could not be released in favour of the petitioner. Communication has already been sent by Secretary, Bankura Zilla Parishad in the year 2021 as well as on 11th March, 2026. However, the amount has not been received as yet.

8.

Mr. K.J. Yusuf, learned advocate appearing for State submits in similar fashion.

9.

It is not in dispute that the petitioner no.1 was given the work order for construction of office premises and toilet block under the ancillary works of RIDF godown at Patrasayar, Bankura. Letters have been also addressed to the Deputy Secretary to the Government of West Bengal, Food & Supplies Department for

releasing of funds for payment towards such execution of the work.

10.

Admittedly, the payments have not been released as yet from the Department of Food & Supplies, Government of West Bengal.

11.

Accordingly, the added respondent no.9, Deputy Secretary, Government of West Bengal, Food & Supplies Department is directed to take appropriate steps for releasing of funds in terms of the letter of Secretary, Bankura Zilla Parishad dated 11th March, 2026 within a period of three months from the date of communication of this order.

12. Learned advocate for the petitioner is directed to communicate this order to the added respondent no.9, Deputy Secretary, Government of West Bengal, Food & Supplies Department for necessary action. 13.

With the above direction, the writ petition being WPA 20374 of 2025 stands disposed of.

14.

It is indicated by the learned advocate for the State that the name of Mr. K.J. Yusuf, learned advocate has not been noted in the order dated 11th March, 2026. 15.

Let the name of Mr. K.J. Yusuf, learned advocate read in the order dated 11th March, 2026.

16.

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

17.

Interim order, if any, stands vacated.

18.

All connected applications, if any, stand disposed of.

19.

There shall be no order as to costs.

20.

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

21.

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.)