M/S. Chitta Ranjan Ghosh v. The State Of West Bengal And ORS.

23.11.2023 Sl. No.34 srm

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE W.P.A. No. 2527 of 2023 M/s Chitta Ranjan Ghosh

Versus

The State of West Bengal & Ors.

Mr. Debayan Goswami ....for the Petitioner.

Mr. Momenur Rahman, Mr. Pretom Das Ms. Bedashruti Bose, .....for the State-respondents.

Mr. Sudip Kumar Paul ...for the respondent No.4.

It appears that the petitioner was issued a work order by the Superintending Engineer, P.W.D., North Bengal Construction Circle No.1, Cooch Behar dated January 30, 2019 for thorough repairing of judicial quarters (Diganta Complex), Amtala, Sagar Dighi, Cooch Behar. The petitioner requested for payment of the outstanding dues.

The petitioner submits that the entire payment is outstanding and although the petitioner has been running from pillar to post, not a single farthing has been paid.

It appears that administrative approval of Rs.65,08,161/- was accorded in 2017-18. The above noted work was completed as per the communication of the Executive Engineer, Cooch Behar Division, Public Works Directorate, Cooch Behar which appears from the letter written to the Joint Secretary, Government of West Bengal, Judicial Department on May 23, 2023. The Executive Engineer, Cooch Behar Division, Public Works Directorate, Cooch Behar prayed for release of the funds for payment to the petitioner, within the financial year 2023-24.

It appears that the Joint Secretary, Government of West Bengal, Judicial Department has not yet responded to the request made by the Executive Engineer, Cooch Behar Division, Public Works Directorate, Cooch Behar. The project has been completed successfully as per the version of the Executive Engineer, Cooch Behar Division, Public Works Directorate, Cooch Behar.

Once there was an administrative approval from the concerned department for execution of the work, there cannot be any reason for withholding the funds which are required to be paid to the contractor who has executed the work to the satisfaction of the authority. Projects of the judicial department which have been undertaken should

be treated with respect and promptitude and the contractor should be paid their legitimate dues, without further waste of time.

Under such circumstances, the Joint Secretary, Government of West Bengal, Judicial Department shall forthwith ensure that the fund as requested be released within a period of four weeks from date of communication of this order for onward payment to the petitioner within two months thereafter.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)