Aloke Saha v. State Of West Bengal And ORS.

11th December, (AK) W.P.A. 21240 of 2023 Aloke Saha Vs.

The State of West Bengal and others Mr. B. B. Sarkar Ms. Iti Dutta Ms. Priti Jain Mr. Pratit Sarkar ...for the petitioners.

Mr. Md. Galib Mr. Tamal Taru panda ...for the State.

Mr. Sirsonya Bandopadhyay Mr. Avishek Guha Ms. Akansha Chopra ...for the respondent nos.2 to 6.

1.

The petitioner claims dues in respect of work done by the petitioner for the Garden Reach Flyover Project long back in the year 2018.

2.

Learned counsel for the respondents takes a preliminary objection as to limitation.

3.

However, a cloud has been raised by the petitioner since it is argued that despite the petitioner having submitted bills, those were not processed finally by the respondents, thereby delaying the commencement of the starting point of limitation.

4.

Be that as it may, the problem will be resolved for the time being in the event the respondents consider the

claim of the petitioner and take a reasoned decision thereon.

5.

An interference at this stage would be premature, since the respondents have not yet considered the veracity of the claim.

6.

Accordingly, WPA 21240 of 2023 is disposed of by directing the respondents to consider the monetary claim of the petitioner for work done as indicated above within four weeks from date upon giving an opportunity of hearing to the petitioner, in accordance with law. 7.

Upon such consideration, the respondents shall pass a reasoned order and furnish a copy of the same to the petitioner.

8.

In the event the respondents are of the opinion that an amount is payable to the petitioner on such count, the respondents shall disburse the same within a fortnight from the disposal of the petitioner's claim.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)