Mantaj Ali v. The State Of West Bengal And ORS

16.06.2025

IN THE HIGH COURT AT CALCUTTA

Sl. No.3 CIRCUIT BENCH AT JALPAIGURI akd W. P. A. 983 of 2025 [Mantaj Ali -Vs- The State of West Bengal & Ors.] Mr. Subinay Dey Mr. Debarjan Das ... ... for the petitioner Mr. Amales Ray .. Sr. Advocate Mr. Nigam Mittal Ms. Prerna Mitra ... for respondent nos.3 & 4 Mr. Nabankur Paul Mr. Pradip Sarkar ... ... for the State 1.

Affidavit-of-service filed in court today is taken on record.

2.

The petitioner has preferred the present writ petition challenging the inaction on the part of the respondent no.4 in not issuing the work completion certificate and also in not releasing the outstanding dues of Rs. 11,04,316.10/- including earnest money, security deposit and pending bills for the work done for construction of GREY WATER MANAGEMENT PROJECT WITH IN KALARAYERKUTHI MOUZA (PART-6) UNDER PUNDIBARI GP UNDER SBMG/15TH FC FUND dated 26.07.2024 being Memo No. 208/Pund/2024-2025.

3.

It is the case of the petitioner that he is a Government Contractor and General Order Suppliers. The Pradhan of Pundibari Gram Panchayat published a notice Inviting Tender Memo No. 208/Pund/2024-2025 dated 26.07.2024. The name of the work was open tender for construction of

GREY WATER MANAGEMENT PROJECT WITH IN KALARAYERKUTHI MOUZA (PART-6) UNDER PUNDIBARI GP UNDER SBMG/15TH FC FUND amount of Rs.

19,45,899.92/-. Thereafter, on 26.07.2024 by a Memo No. 208/Pund/2024-2025 an Acceptance-cum-Work-Order was issued in favour of the petitioner for the above mentioned construction work. The petitioner has completed the said work as per the terms and conditions with full satisfaction of the department. Despite successful completion of the said work, the petitioner has neither been issued the work completion certificate nor has part payment been released to him. The petitioner has submitted a representation dated 09.04.2025, but the same has not yet been considered by the competent authority.

4.

Learned Senior Advocate for the respondent no.4 refutes the submission of the petitioner to the extent that the said work has not been completed to their satisfaction. However, respondent no.4 is ready and willing to consider petitioner's representation dated 09.04.2025. 5.

In view of the submission made by the learned senior Advocate for the respondent no.4, learned counsel for the petitioner submits that his client shall be satisfied if the representation dated 09.04.2025 is decided in a time bound manner by the competent authority.

6.

Accordingly, this Court directs the Pradhan, Pundibari Gram Panchayat (respondent no.4) to consider the representation of the petitioner dated 09.04.2025 and pass a speaking order within a period of four weeks from the date of

communication of this order after affording an opportunity of personal hearing to the petitioner.

7.

With the aforesaid directions, the present writ petition is disposed of.

8.

There shall be no order as to costs.

9.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

10.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)