Omkar Decorator v. The State Of West Bengal And ORS.

01.10.2024 Sl. No.6(DL) srm W.P.A. No. 22129 of 2024 Omkar Decorator

Versus

The State of West Bengal & Ors.

Mr. Anjan Paul, Mr. Mridul Kanti Sasmal, Mr. Debabrata Chakraborty ...for the Petitioner.

Ms. Jayeeta Sinha, Mr. Sandip Mandal ...for the State-respondents.

Affidavits-of-service are taken on record.

The petitioner claims to have participated in a contract awarded by the Assistant Engineer, PWD, Contai Electrical Sub-Division, Government of West Bengal. The petitioner submits that an amount of Rs.50,27,632/- is due and payable. Under such circumstances, the writ petition is disposed of with a direction upon the Executive Engineer, PWD, Purba Medinipur Electrical Division, Government of West Bengal, to pay the legitimate dues, as claimed by the petitioner, if the same is admitted.

A request for release of the funds from the competent authority shall be made forthwith. The competent authority is directed to release the funds in favour of the Executive

Engineer, PWD, Purba Medinipur Electrical Division, not later than November 15, 2024 and the Executive Engineer, PWD, shall make the onward payment to the petitioner within two weeks thereafter.

The order shall be treated as mandatory, as there is no specific denial by the authorities with regard to the claim of the petitioner. If the part of the amount is found to be inadmissible, a reasoned order shall be passed indicating the grounds for denial of the total claim or partial claim. The writ petition is, thus, disposed of.

There shall be no order as to costs.

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

(Shampa Sarkar, J.)