Sukharanjan Kundu v. State Of West Bengal And ORS.

10.03.2021 TN WPA 10047 of 2020 (Via video conference) Sukharanjan Kundu Vs.

The State of West Bengal and others Mr. Rajdeep Bhattacharya, Mr. M.I.A. Lodhi, Ms. Sevanti Roy ... for the petitioner Mr. Pantu Deb Roy, Mr. Anand Farmania .... for the State The limited grievance of the petitioner is that, despite petitioner having supplied materials to the respondent no.4, payment regarding those are still outstanding.

Learned counsel appearing for the petitioner relies on a communication by the Sub-Divisional Officer, Ranaghat, Nadia to the respondent no.4 requesting respondent no.4 to arrange for payment as prayed for by the petitioner at an early date. Thereafter, the petitioner made a representation on

February 24, 2020 due to alleged noncompliance of the request of the SubDivisional Officer, which was made as long back as on October 22, 2019. However, no action has been taken by Respondent No.4 on such communication or representation.

Upon hearing learned counsel for both sides, it is evident that the representation of the petitioner, annexed at page 160 of the writ petition, ought to have been considered by the respondent no.4 by now. However, learned counsel appearing for respondents submits that in view of the impending elections it would be difficult for the respondent no.4 to ensure consideration of the representation within a very short period.

Keeping in view such submissions, WPA 10047 of 2020 is disposed of by directing respondent no.4 to consider and decide upon the representation of the petitioner (Annexure-P6 at page 160 of the present writ petition) within May 15, 2021 and to commence disbursal of the unpaid amount as calculated by respondent no.4 at earliest thereafter, subject to any

objection being taken by respondent no.4 and/or petitioner as regards quantum of the outstanding payments. In the event of there being any dispute in that regard, the petitioner will be at liberty to approach the appropriate authority for resolution of such dispute.

There will be no order as to costs.

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.)