M/S Manickam Enterprises And ANR v. The Port Blair Municipal Council And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/354/2024 M/s. Manickam Enterprises and Another Vs.
The Port Blair Municipal Council and Others Mr. Gopala Binnu Kumar ... for the petitioners Mr. Shatadru Chakraborty, Sr. Adv.
Mr. Dibesh Dwivedi ... for the respondents June 11, 2025 [AKB] Item No.6 This writ petition is appearing under the heading "To be mentioned".
The writ petition has been filed for release of balance amount of Rs. 9,74,608/- in faovur of the petitioners who was allotted the contract of construction of major drain from Karamat Ali, Ibrahim House to Sakir House, Nariyal Bageecha and Ward No. 11.
The petitioners contend that he is enlisted as Class I Civil Contractor under Andaman Public Works Department and he was allotted the work order on the basis of a tender floated by respondent No. 3 pertaining to the work "Construction of major drain from Karamat Ali, Ibrahim House to Sakir House, Nariyal Bageecha and Ward No. 11". The petitioner has completed the work allotted to him. Upon such completion, the petitioners submitted a bill for release of fund to the tune of Rs. 44,55,029/- out of which Rs. 34,80,421/- has been released in his favour.
The outstanding balance of Rs. 9,74,608/- has not been disbursed.
The petitioners submitted a written representation on 05.12.2023 for release of the outstanding amount. However, the same has not been paid. Hence, this writ petition.
Mr. Gopala Binnu Kumar, learned Advocate for the petitioners submit that specific direction be issued upon Secretary and Executive Engineer III (Works), Port Blair Municipal Council, respondent Nos. 2 and 3 respectively for
release of the outstanding amount of Rs. 9,74,608/- in favour of the petitioners.
Mr. Dibesh Dwivedi, learned Advocate appearing for the respondents submit that the outstanding bills could not be disbursed to the petitioners since the funds were not readily available with the Port Blair Municipal Council. In view of submission advanced by the petitioner as well as the respondents it is found that admittedly the petitioners have completed the work allotted to it and an outstanding amount due to the petitioners is Rs. 9,74,608/- Accordingly, respondent Nos. 2, Secretary, Port Blair Municipal Council and respondent no. 3, Executive Engineer -III (Works), Port Blair Municipal Council are directed to take immediate steps for release of the outstanding amount of Rs. 9,74,608/- in favour of the petitioners within the period of two months from date of communication of this order. Learned Advocate for the petitioners is directed to communicate this order to respondent Nos. 2 and 3 for necessary compliance.
With the aforesaid observation, the writ petition WPA/354/2024 stands disposed of.
Interim order, if any, stands vacated.
All connected application, if any, stand disposed of. Urgent Photostat certified copy of this order if applied for be supplied to the parties upon compliance of all necessary formalities.
(Bivas Pattanayak, J.)