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Calcutta High CourtWPA/413/2026disposed

Jay Sharma v. The State Of West Bengal And ORS

2026-03-24Hon'Ble Justice Gaurang Kanth4 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 24.03.2026 Sl. No.31 Tkm W. P. A. 413 of 2026 [Jay Sharma -Vs- The State of West Bengal & Ors.] Mr. Sayan Banerjee Ms. Rishita Chakraborty ... ... for the petitioner Mr. Nabankur Paul Mr. Pradip Sarkar ... for the State 1.

Affidavit of service filed in the Court today is taken on record.

2.

The petitioner has preferred the present writ petition seeking a direction upon the respondent to forthwith release and disburse the outstanding payment of Rs. 8,68,920/- which is admittedly due and payable to the petitioner in respect of the work executed pursuant to the work and supply order dated 02.02.2022 issued in connection with NIT NO.WB/Block/20/BDO/MATIALI/2021-2022 dated 24.12.2021 relating to renovation of a primary school.

3.

Learned counsel appearing for the petitioner submits that pursuant to the aforesaid work and supply order, the petitioner duly executed and completed the entire work to the satisfaction of the respondent authority.

4.

It is further submitted that upon completion of the work, the competent authority issued a completion certificate in favour of the petitioner acknowledging the satisfactory execution of the work.

5.

Learned counsel for the petitioner further submits that as per the completion certificate an amount of Rs. 8,68,920/- remains outstanding and payable to the petitioner.

6.

Learned counsel for the petitioner further submits that the petitioner had made several representations to the competent authority but the same have not been answered.

7.

Learned counsel for the states that the inaction on the part of the respondent authorities in withholding the admitted dues is arbitrary, unreasonable and violative of Article 14 of the constitution of India.

8.

It is argued that once the liability has been admitted there remains no justification for withholding the said payment.

9.

Learned counsel appearing for the respondents has placed on record a letter dated 18.03.2026 issued by the Block Development Officer, Matiali, Jalpaiguri, wherein it is acknowledged that the petitioner has duly executed the work in question. It is further recorded therein that the said work has been verified by the Block Technical Team and a

completion certificate has been issued in favour of the petitioner. The letter also indicates that necessary steps are being taken for release of the admissible dues in favour of the petitioner.

10. Learned counsel for the respondents submits that the admitted dues payable to the petitioner shall be released within a period of eight (8) weeks.

11. Learned counsel for the petitioner submits that in view of the aforesaid acknowledgment and the assurance regarding release of payment, the grievance of the petitioner stands substantially redressed, and the petitioner would be satisfied if the payment is released within the time frame as indicated by the respondents.

12. Having considered the submissions advanced by the parties and upon perusal of the materials on record, this Court directs the respondent no. 6, namely the District Magistrate, to ensure compliance with the undertaking reflected in the letter dated 18.03.2026 issued by the Block Development Officer, Matiali, Jalpaiguri, which shall form part of the record.

13. Learned counsel for the respondent shall remain bound by the statement made before this Court that the payment shall be released to the petitioner within a period of 8 weeks.

14. With the aforesaid observations and directions, the present writ petition stands disposed of.

15. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition shall be deemed to have been denied.

(Gaurang Kanth, J.)