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2025 Supreme(Online)(Cal) 4062

CALCUTTA HIGH COURT
Gaurang Kanth, J
M/s Maa Laxmi Builders & Anr. – Appellant
Versus
Bidhannagar Municipal Corpn. – Respondent
W.P.A. 8087 of 2025



Advocates:
For the Appellants/Petitioners: Ms. Sanghamitra Nandy
For the Respondents: Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag, Mr. Tirthankar Dey

The court mandates prompt response to grievances and ensures procedural fairness in administrative decisions.

Headnote:The petitioner claims non-payment of contractual dues from the respondent corporation despite fulfilling work requirements. The court finds merit in the application for redressal of grievances. The corporation is directed to respond to the petitioner's representation within four weeks, ensuring a reasoned order. Should the petitioner remain dissatisfied, they can pursue further legal remedies. Thus, the petition is disposed of with specific directions.

Table of Content
1. claims against non-payment of contractual dues (Para 2 , 3 , 4 , 5 , 6)
2. court directs procedural compliance for redressal (Para 7 , 8 , 9 , 10 , 11)

1. Affidavit of service is taken on record.

2. The petitioner has preferred the present writ petition alleging non-payment of admitted contractual dues by the respondent corporation.

3. It is the case of the petitioner that the respondent corporation issued work order dated 13.12.2021 in favour of the petitioner, and he has duly executed the assigned work within the stipulated time period. Thereafter, the Executing Engineer PWD by his Memo No. 1739/PWD(BMC) dated 31.01.2023 issued a completion certificate in favour of the petitioner, stating that the petitioner has completed the work within stipulated period under Bidhannagar Municipal Corporation. In the said certificate final bill amount was mentioned as Rs. 18,92,255/- (excluding GST & L.W. Cess) and Rs. 21,40,519/- (including GST & L.W. Cess).

4. Learned counsel for the petitioner submits that, despite admitted bill amount, the respondent authority has failed to release the amount due to the petitioner. In such circumstances, the petitioner was constrained to submit a representation dated 28.03.2025, seeking expeditious redressal of the grievance.

5. He further contended that, despite receiving the said representation, the respondent corporation neither responded to it nor took any steps towards settling the admitted dues.

6. Learned counsel for the respondent corporation submits that the respondent is willing to decide the petitioner’s representation dated 28.03.2025 within a period of four weeks from the date of receipt of a server copy of this order, after affording an opportunity of personal hearing to the petitioner.

7. In view of the submissions made by the learned counsel for the respondent corporation, this Court deems it appropriate to dispose of the present writ petition by directing the respondent corporation to decide the petitioner’s representation dated 28.03.2025, strictly in accordance with law, within a period of four weeks from the date of receipt of a server copy of this order, after affording the petitioner an opportunity of personal hearing and by passing a reasoned and speaking order.

8. The outcome of the said consideration shall be communicated to the petitioner within one week thereafter.

9. Needless to mention that if the petitioner is aggrieved by the speaking order, the petitioner will be at liberty to challenge the same in accordance with law.

10. With the above direction the present writ petition is disposed of.

11. Since no affidavit has been called for, the allegations made in the writ petition cannot be deemed to have been admitted.

12. Let urgent photostate certificate copy of the order, if applied for, be supplied to the parties on usual undertaking.

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