Shri.K.Pitchai v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/125/2025 Shri K.Pitchai Vs The Lieutenant Governor and others Mr.Terence D Cruz ... for the petitioner Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Dibesh Dwivedi ... for the respondents March 03, 2025 [SR] Item no.9 1.

Mr. Terence D Cruz, learned counsel appears for the petitioner. Mr. Shatadru Chakraborty, learned senior counsel appears for the Administration of the Islands. 2.

The sole grievance of the petitioner is that the petitioner had supplied goods to the wing of the Administration and the petitioner claims payment of the unpaid bills. According to the petitioner, the bills are admitted and the case has been referred before the Nodal Officer (Procurement), Directorate of Health Services, Port Blair on July 29, 2024 Annexure P-3 at page 14 to the writ petition.

3.

The representation of the petitioner is dated November 16, 2022, Annexure P-2 at page 12 which has not yet been considered.

4.

In view of the above the respondent no.3, upon issuing a prior hearing notice of at least seven days to the petitioner and after granting him an opportunity of hearing shall dispose of the said representation dated February 16, 2022, Annexure P-2 at page 12 to the writ petition by passing a reasoned order, in accordance with law.

5.

The entire exercise shall be carried out and completed by the respondent no.3 positively within a period of eight weeks from the date of communication of this order. The reasoned order then shall be communicated to the petitioner positively within a period of one week thereafter.

6.

It is made clear that this Court has not gone into the merits of the rival contentions of the parties. 7.

The petitioner shall be at liberty to urge whatever points he wish to urge, by relying upon whatever records and documents he wish to rely upon before the respondent no.3. 8.

In the event, the reasoned order goes in favour of the petitioner to whatever extent; necessary amount shall be released in favour of the petitioner by the appropriate authority positively within a period of four weeks from the date of the said reasoned to be passed.

9.

It is made clear that this order shall not create any right or equity in favour of the petitioner, if the petitioner does not succeed to his claim strictly in accordance with law. 10.

However, the respondent no.3, while conducting the hearing, shall peruse the records and verify the same and if he finds that the claim of the petitioner is bona fide, he shall be at liberty to take steps in accordance with law. 11.

Since the affidavits are not called for, the allegations are deemed not to have been admitted by the respondents. 12.

With the above observations and directions, this writ petition WPA/125/2025 stands disposed of, without any order as to costs.

( Aniruddha Roy, J. )