Sanghamitra Bhattacharjee v. The State Of West Bengal And ORS

Form No.J(2) Serial No.17 Sc CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :

The Hon'ble Justice Aniruddha Roy WPA 1732 OF 2025 Sanghamitra Bhattacharjee Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Deborshi Dhar, Adv.

Ms. Taniya Bhowmik, Adv.

For the Respondents/ State : Mr. Sumit Kumar, Adv.

Ms. Protusha Dutta Choudhury, Adv.

Heard On : September 1, 2025 Judgment on : September 1, 2025 Aniruddha Roy, J. :

1. Affidavit-of-service, filed in Court today, is taken on record.

2. Mr. Deborshi Dhar, learned Advocate appears for the petitioner.

3. Mr. Sumit Kumar, learned Advocate appears for the respondents State.

4. Mr. Deborshi Dhar, learned Advocate for the petitioner submits that, no part of the claim has been paid though the petitioner has been assured time and again for payment.

5. Today Mr. Sumit Kumar, learned State Advocate has submitted a written instruction dated August 19, 2025 issued by the Executive Engineer, PWD, North Bengal Construction Division, Siliguri along with the documents appended thereto, the same is taken on record. The instruction on the face of it shows that, requisition has already been made before The commandant, 2nd IR Bn, Siliguri for payment which includes the unpaid bill of the petitioner as would be evident from serial number 3 of the said instruction letter. The said letter of instruction further shows that, the Inspector General of Police (Mod & Co-ord), West Bengal has also been requested for release of fund.

6. Mr. Sumit Kumar, learned Advocate has also raised the point of maintainability of this writ petition.

7. In view of the above, since the Completion Certificate shows that, the entire work has been done by the petitioner and the instruction letter shows the amount, which is payable to the petitioner, the respondent no.3 immediately upon receiving fund shall release the payment and pay the petitioner to the extent of Rs.2,95,578.00 positively within a period of two weeks from date of receiving payment from the authority who have already been requested for releasing the payment.

8. The Inspector General of Police (Mod & Co-ord), West Bengal and The commandant, 2nd IR Bn, Siliguri shall also take necessary steps for releasing the fund in accordance with law with utmost expedition.

9. The petitioner shall serve a copy of today's order upon the said Inspector General of Police (Mod & Co-ord), West Bengal and the The commandant, 2nd IR Bn, Siliguri.

10.It is made clear that, this order shall not be treated as a precedence. 11.Since affidavits are not called for, the allegations made in the writ petition shall deemed not to have been admitted by the respondents. 12.With the above xdirections this writ petition, WPA 1732 of 2025 stands disposed of, without any order as to costs.

13.Parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Aniruddha Roy, J.)