Basanti Garai And ANR. v. State Of West Bengal And ORS.

26.09.2024 Item No.23 RP/Amalranjan Ct. No.1 WPA(P) 407 of 2024 Basanti Garai & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Shahan Shah Mr. Umenun Khan .....For Petitioners Mr. Usof Ali Dewan Mr. Asif Dewan .....For Respondent Nos.7 and 10 Mr. Sarwar Jahan Ms. Tapati Sankar Mr. Ashraf Mondal .....For Respondent No.11 Mr. Lalit Mohan Mahata Mr. Ziahul Haque .....For State 1.

By filing this public interest litigation the petitioners allege that the tender awarded for construction of the road was not completed by the contractor and the requisite length as well as thickness of the road was falling short.

2.

The learned advocate appearing for the contractor would submit that upon the complaint being received the Gram Panchayat Authority inspected the road and found that there was shortage in length of the road and has taken action against the contractor and has also blacklisted the contractor and an amount of Rs.2,01,741/- has been refunded by the contractor. It appears that the Gram Panchayat has now invited a fresh tender for completing remaining length of the road.

3.

In the light of the above, there will be a direction on the Gram Panchayat to ensure that the remaining

length of the road is properly constructed with appropriate thickness and payment shall be released to the new contractor only after thorough inspection that the road is completed as per the requirement mentioned in the tender. The concerned Block Development Officer is directed to examine as to the correctness of the allegations made by the petitioners with regard to the road, which was already constructed.

4.

The written instruction given by the Inspector of Police, Tehatta Police Station, Nadia to the learned government pleader dated 25th September, 2024 is taken on record.

5.

With the above direction, this writ petition is disposed of.

(T. S. SIVAGNANAM) CHIEF JUSTICE (BIVAS PATTANAYAK, J.)