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Calcutta High CourtWPA/20483/2025disposed

Haldar Enterprise v. State Of West Bengal And ORS.

2025-12-15Hon'Ble Justice Krishna Rao2 pages

S/L 12 15.12.2025 Court. No. 25 suvayan WPA 20483 of 2025 Haldar Enterprise Vs.

The State of West Bengal & Ors.

Mr. Anjan Paul Mr. Mridul Kanti Sasmal Mr. Tanmoy Chatterjee ...for the petitioner.

Mr. Sawpan Kr. Banerjee Ms. Kakali Naskar ...for the State in WPA 20483 of 2025.

1.

The petitioner has filed the present writ application praying for direction upon the respondents/authorities for release of an amount of Rs. 26,32,846/- along with interest at the rate of 12% per annum. The petitioner says that in the month of March, 2021 work order has been issued. As per the work order, the petitioner has executed the work and submitted the bill. On receipt of the bill, the authorities have communicated the petitioner that due to non-availability of fund it is not possible for the authorities to release the fund. Accordingly, the petitioners have filed the present writ application.

2. Today when the matter was taken up for hearing, the Executive Engineer, PWD, Bidhannagar Electrical Division, Government of West Bengal had submitted the report wherein it is stated that the work assigned to the petitioner has been completed by the petitioner in accordance with the established system and norms but

the Executive Engineer is awaiting further instruction for payment upon receipt of the fund.

3. Learned counsel for the petitioner submits that since for the last four years the respondents/authorities have repeated the same that the fund is not available. He prays for a direction upon the authorities to approve the fund so that the petitioner gets the payment.

4. Considered the submission made by the learned counsel for the respective parties.

5. Perused the report submitted by the Executive Engineer, PWD, Bidhannagar Electrical Division, this Court finds that there is no dispute with regard to the claim amount of the petitioner. It is also not dispute with regard to the execution of the work by the petitioner the only issue the authorities have raised that the fund has not been sanctioned due to which the payment has not been released.

6. In view of the above, the respondent no. 8, the Secretary, Finance Department, Government of West Bengal is directed to sanction the fund within a period eight weeks from the date of receipt of this order and if the respondent no. 8 sanctioned the amount, the respondent no. 11 shall release the payment in favour of the petitioner within a period of two weeks thereafter.

7. WPA 20483 of 2025 is disposed of.

8. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Krishna Rao, J.)