O.P.Kandoi And Company Private Limited v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/28/2024 O.P. Kandoi and Company Private Limited Vs The Andaman and Nicobar Administration and others Mr. Tapan Kumar Das ... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents January 16, 2024 [AKB] Item No.45 Petitioner is aggrieved by the demand for recovery dated 27.12.2023 issued by the Executive Engineer, South Andaman Division, APWD, Port Blair. The reference which has been made in the said communication under Agreement No. 35 of 2005-2006 is a demand of Rs. 41,84,905/- to be remitted.

Learned advocate appearing for the petitioner has drawn attention of this Court to WPA/947/2023 wherein by an order dated November 23, 2023 the order of suspension of two years was set aside and the order of black listing was also set aside. While arriving at such conclusion the learned Court took into account different parameters including the passage of time which has passed and the findings of the authorities not being on physical verification of the materials, running bills etc.

Learned Court was also pleased to observe that there was no past allegations of corruption or malpractice or misconduct on the part of the petitioner.

Without entering into the parameters which came up for consideration in the earlier writ petition, I am of the opinion that the demand made in the communication dated 27.12.2023 by the Executive Engineer, South Andaman Division, APWD, Port Blair be elaborately explained as to how the quantification has been made as after 17 years such a demand is being placed before the petitioner. Once such an elaborate communication is made to the petitioner, either of the party, would be at liberty to proceed towards recovery or resist the demand for recovery made by the authorities.

In view of the aforesaid direction the Executive Engineer, is directed not to give effect to the demand notice dated 27.12.2023.

This Court has not entered into the merits regarding the quantum of the demand, as such this Court will also not comment whether there is a legal enforceable demand of the authority at all.

Accordingly WPA/28/2024 is disposed of.

As no affidavit were called for the allegations made in the writ petition so far as state respondents are concerned will be deemed to be not be admitted.

(Tirthankar Ghosh, J.)