Asim Krishna Modak v. State Of West Bengal And ORS.

A-10 Ct No.09 04.12.2023 TN WPA No. 24142 of 2023 Asim Krishna Modak Vs.

The State of West Bengal and others Mr. Kalyan Kr. Chakraborty, Mr. K. Bhattacharya, Ms. Anjana Mehboob, Mr. Ashok Halder .... for the petitioner Mr. Tapas Kumar Das .... for the State 1.

The petitioner worked as a contractor upon being awarded the work of electrification in connection with the 2021 elections in the State of West Bengal. However, subsequently the petitioner raised bills but was not paid by the respondent no.5, that is, the Executive Engineer, PWD.

2.

Learned counsel appearing for the PWD hands over a report from the Executive Engineer where it has been indicated that the said office does not have any recourse or provision for payment of the contractor bills until and unless requisite fund is sanctioned from the concerned department of the Government of West Bengal.

3.

Hence, WPA No. 24142 of 2023 is disposed of by directing the respondent nos.1 and 2 to ensure

that the requisite funds for payment of the petitioner's bills are provided to the respondent no.5, that is, the Executive Engineer of the PWD as expeditiously as possible, positively within four weeks from the date of communication of this order to the respondent nos.1 and 2.

Immediately after such money being released in favour of the respondent no.5, the respondent no.5 shall take all necessary steps to disburse the amount due to the petitioner, positively within three weeks from the date of such release being made to the respondent no.5.

4.

There will be no order as to costs.

5.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)