Mohini Mohan Roy v. State Of West Bengal And ORS.

M/L 845 19.01.2023 Court. No. 19 GB W.P.A. 24103 of 2022 Mohini Mohan Roy VS The State of West Bengal & Ors.

Mr. Debabrata Ray, Mr. Gazi Faruque Hossain, Ms. Priyanka Mondal, Ms. Sarbani Mukhopadhyay ... for the Petitioner.

None appears on behalf of the respondents.

The authority had been directed to file a report with regard to the outstanding dues. No report has been filed. In similar matters, this Court had already passed orders relegating the entire issue before the authority. The writ petition is disposed of with a direction upon the competent authority of the Paschim Bardhaman Zilla Parishad to treat the writ petition as the representation of the petitioner and dispose of the same in accordance with law.

It is an admitted position that a work order was issued in favour of the petitioner sometime in 2016 for repair of Andal Ramprasadpur Road within the Andal Police Station, when the district of Burdwan had not been bifurcated. It has been categorically stated that the petitioner received a sum of Rs.8,25,000/- before bifurcation of the district of Burdwan. After bifurcation of the district of Burdwan, a further sum of Rs.9,65,405/- was received on different dates and lastly in 2019. It is alleged that an

amount of Rs.5,79,243/- together with security deposit of Rs.96,540/-, are still payable by the Paschim Bardhaman Zilla Parishad.

Such claim of the petitioner shall be decided in accordance with law. If the claim is found to be genuine and admissible, a reasoned order shall be passed to that effect and the payment shall be released in accordance with law. If the claims of the petitioner are found to be inadmissible, reasons for such finding shall be disclosed in the reasoned order. The order so passed, in either case, shall be communicated.

The entire exercise shall be completed within a period of two months from the date of receipt of the copy of the writ petition along with a server copy of this order. This Court has not gone into the merits of the claim of the petitioner.

This order is being passed upon the Sabhadhipati, Paschim Bardhaman Zilla Parishad as the work was executed within the jurisdiction of the concerned Zilla Parishad. A copy of the writ petition along with a server copy of this order be served upon the Sabhadhipati, Paschim Bardhaman Zilla Parishad.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

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

(Shampa Sarkar, J.)