M/S. Calcutta Caterers v. The State Of West Bengal And ORS.

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 29.07.2025 Ct. No. 2 adeb WPA 1574 of 2025 M/s Calcutta Caterers Vs.

State of West Bengal & Ors.

Mr. Bikramaditya Ghosh Mr. Deborshi Dhar Ms. Taniya Bhowmik ...for the petitioner Mr. Joyjit Choudhury, Ld. AAG Mr. Nabankur Paul ...for the State Ms. Shris

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. It is submitted by the learned advocate representing the petitioner that petitioner's proprietorship firm namely M/s Calcutta Caterers was given a contract to supply cooked food items to the Office of the concerned Sub-Divisional Officer vide memo dated 7th March, 2022. Such memo dated 7th March, 2022 is at pages 18 and 19 of the writ petition.

3. On perusal of the said memo dated 7th March, 2022 it further appears that petitioner's bid was lowest as a result whereof petitioner was granted contract for supply of cooked food items.

4. Grievance of the petitioner is in spite of supplying cooked food items as per requirement of Office of SubDivisional Officer, Siliguri and even after submitting

bills which are at pages 23 to 89 of this writ petition most of the bills are remaining unpaid. It is also contended that the claim of the petitioner is admitted one requiring payment based on unpaid bills by the concerned State authorities.

5. State respondents are represented by learned advocate.

6. Having considered the issue involved in this writ petition this Court finds no purpose would be subserved in keeping this writ petition pending.

7. Hence, District Magistrate, Darjeeling being respondent no. 4 is directed to take a decision on the claim of the petitioner by 8 (eight) weeks from the date of communication of this order. Respondent no. 4 is directed to pass a reasoned order after granting opportunity of hearing to the petitioner or its representative. Decision to be communicated to the petitioner by 10 days thereafter.

8. Petitioner is directed to communicate this order enclosing all unpaid bills to the respondent no. 4 by 7 (seven) days from date.

9. Writ petition stands disposed of.

10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertaking. (Saugata Bhattacharyya, J.)