Nitish Saha v. State Of West Bengal And ORS.

06.03.2023 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 3404 of 2022 Sri Nitish Saha -versus The State of West Bengal & Ors.

Mr. Tapas Bhattacharya Mr. Aviroop Bhattacharya, Mr. Bikash Singh.

...For the Petitioner.

Mr. Hirak Barman, Ms. Bedashruti Bose.

...For the State.

The petitioner's prayer for consideration of representation seeking payment of the balance amount on account of the work performed by him is pending consideration at the end of the Block Development Officer, Mayanaguri Block.

Learned advocate appearing for the State respondents is yet to receive instruction in the matter. Learned advocate appearing for the petitioner is directed to serve a copy of the writ petition upon the Learned Additional Government Pleader who is present in Court.

As it appears that the prayer of the petitioner seeking payment on his final bill is pending consideration at the end of the Block Development Officer, Mayanaguri Block, accordingly, no useful purpose will be served by keeping the writ petition pending.

The instant writ petition is, accordingly, disposed of by directing the Block Development Officer, Mayanaguri Block to take necessary steps for consideration of the representation filed by the petitioner in accordance with law and the relevant circulars/guidelines/memoranda governing the field at the earliest, but positively within a period of eight weeks from the date of communication of this order. The aforesaid respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

An opportunity of hearing be given to the petitioner for production of necessary documents in support of his claim.

It is made clear that this Court has not entered into the merits of the claim of the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

Learned advocate for the petitioner is directed to forward a copy of the representation seeking release of the final bill along with all supporting documents to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)