SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(Cal) 3068

CALCUTTA HIGH COURT
MD. HANIF – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent
WPA 5978 of 2026



Advocates:
For the Appellants/Petitioners: Asif Dewan
For the Respondents: Sunil Kr. Gupta, Rabindranath Paul, Rakesh Singh

The court directed the administrative authority to decide on the petitioner's representations for pending payments for partially completed work, ensuring a fair hearing for all parties.

Headnote:(Government Contracts) - (Payment for Partial Work) - (Where a contractor has completed a portion of the work and raised a bill, the authority is directed to consider representations for payment of pending dues after providing a reasonable opportunity of hearing). (Para 3)

Issues: Whether the petitioner is entitled to the release of pending bill amounts for partially completed work.

Affidavit of service filed by the petitioner is taken on record.

Learned counsel for the petitioner submits that pursuant to an e tender floated on 17th November, 2022 by the Additional Executive Officer, Murshidabad Zilla Parishad for repair/maintenance of bituminous road from Badhu Amtala to Alek Sk’s house at Kharjuna Gram Panchayat, the petitioner was granted the said work and completed a portion of the work. Due to his health issues as well as obstruction raised by the local people, he was unable to continue with the work. He submitted several representations before the competent authority intimating the same. He raised bill of Rs. 4,86,252/- with regard to the work which was completed. Out of the said amount, a sum of Rs.2,50,000/- has been paid to him. The remaining amount is still due. The petitioner submitted a representation before the concerned authority seeking release of the pending bill amount on 6th February, 2025 and 25th February, 2025 respectively and seeks consideration of the same.

Learned counsel for the Zilla Parishad submits that the petitioner has not completed the entire work allotted to him and was blacklisted for two years. He has approached this Court with a stale claim.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the petitioner has admittedly completed a portion of the work and has raised part bill for the same, the Additional Executive Officer, Murshidabad Zilla Parishad, being the 3rd respondent herein, is directed to consider and dispose of the representations submitted by the petitioner dated 6th February, 2025 and 25th February, 2025 respectively within six weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof.

In the event the concerned authority arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest.

The writ petition is accordingly disposed of.

There shall however, be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top