Aynal Hossain Molla v. The State Of West Bengal And ORS.

ML 14.01.2025 Ct. No.10 Sws.M W.P.A. 25749 of 2024 Aynal Hossain Molla -Vs.- The State of West Bengal & Ors.

Mr. Manojot Bhattacharya ...for the petitioner Mr. Lalit Mohan Mahata, Ld. AGP Mr. P.B. Mahata ...for the State Affidavit-of-Service filed in Court today be kept with the records.

The grievance of the petitioner is directed against alleged non-payment by the State authorities for purported public works being carried out by the petitioner.

It is submitted on behalf of the petitioner that after completion of the subject works, the State authorities are refusing to make payment to the petitioner.

On behalf of the State it is submitted that no such works were authorized by the State and the concerned Pradhan had no jurisdiction, nor authority to allot such works. In such circumstances, the entire claim of the petitioner is fabricated and the instant writ petition is liable to be dismissed. In view of the submissions made on behalf of the parties, it is obvious that the writ petition is for payment of money under a works contract.

The disputes raised in the writ petition are factual in nature and cannot be adjudicated in a summary proceeding. There are serious issues insofar as the formal works order issued by the State is concerned.

In such view of the matter, the writ petition is not maintainable. Accordingly, WPA 25749 of 2024 stands dismissed on the ground of maintainability. A copy of the Report filed by the police authorities be kept with the records and is served on the petitioner.

(Ravi Krishan Kapur, J.)