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Calcutta High CourtWPA/362/2025dismissed

Shri.A.Thiyagarajan v. The Andaman And Nicobar Administration And ORS.

2026-02-18Hon'Ble Justice Debangsu Basak2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/362/2025 Shri A. Thiyagarajan Vs.

The Andaman and Nicobar Administration and Others Mr. C. Mano ... for the petitioner Mr. Rakesh Kumar ... for the respondents February 18, 2026 [AKB] Item No.41 Petitioner seeks mandatory order directing the authorities to release funds towards completion of awarded work pertaining to re-construction of CC stage in the Forest ground at Oralkatcha under Zilla Parishad.

Averments in the writ petition demonstrate that, the petitioner was awarded a contract for re-construction of CC stage in the Forest ground at Oralkatcha under Zilla Parishad in the year 2010.

The petitioner in paragraph 7 of the writ petition states that petitioner started the project with effect from January 09, 2010 and completed such work by January 24, 2010. According to the petitioner, Rs. 7.00 lakhs and odd is due and payable.

Petitioner apparently from time to time approached various authorities for the purpose of payment.

There was no acknowledgment of liability within the period of limitation prescribed. The writ petition was filed on July 31, 2025.

The claim made by the petitioner is hopelessly barred by limitation.

Although, laws of limitation do not strictly applies so far as writ petition is concerned, nonetheless, delay and that to, unexplained delay is a factor which a writ Court should take into consideration while exercising its discretion in respect of writ jurisdiction.

Records demonstrate that there was a pre institution mediation initiated in 2015. Result of such pre-institution mediation is not on record.

Even then, the issue of limitation and unexplained delay in approaching Court continues to remain. As the pleadings in the writ petition stand the writ petitioner cannot sustain suit for recovery of its claim purely on the ground of limitation. In the fact and circumstance of the present case, the delay from 2010, remains unexplained.

Repeated representations, does not extend the period of limitation. In such circumstances, I find no merits in the present writ petition. WPA/362/2025 is dismissed without any order as to costs.

( Debangsu Basak, J. )