K. Construction And ANR v. State Of West Bengal And ORS.

21.02.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28642 of 2023 K. Construction & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Avishek Pradad, Mr. Souradeep Singha ... for the petitioners Mr. Amar Mondal, Mr. Md. Idrish ... for the State

1. Affidavit-of-service filed in Court today be kept on record.

2. In view of the innocuous nature of the prayer, no affidavits are directed. It is deemed, however, that none of the allegations made in the writ petition are admitted by the respondents.

3. Learned counsel for the petitioners contends that the petitioners provided security by deploying four security guards for the respondent-authorities. Apart from the dues in that regard not being paid to the petitioners, it is alleged that penalty was imposed on the petitioners de hors the provisions of the contract and law.

4. Such contentions are controverted by the respondents.

5. However, it will be premature to adjudicate on the issue, since the petitioners at this stage seek a consideration of their representation by the respondent-authorities.

6. Accordingly, W.P.A. No. 28642 of 2023 is disposed of by directing the respondent no. 2, that is, the Principal Secretary, Housing Department, Government of West Bengal, to consider the representation of the petitioners dated October 30, 2023, annexed at page 40 of the writ petition, upon giving an opportunity of hearing to the petitioners on the same as expeditiously as possible, positively within four weeks from date and, thereafter, pass a reasoned order and communicate the same to petitioners,

7. There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)