Deep Jyoti Construction And Anr. vs. Bidhannagar Municipal Corporation And Ors.
Original PDF →Facts
The petitioners, Deep Jyoti Construction & Anr., filed a writ petition seeking a direction for the disbursement of bills amounting to Rs. 5,40,607/- including all taxes, against a work order dated 22.01.2025 issued by the Bidhannagar Municipal Corporation (BMC). The petitioners submitted that they had executed the work satisfactorily, as evidenced by a certificate from the Executive Engineer of BMC dated 12.07.2025, and had submitted a representation on 22.09.2025. The BMC, through its counsel, acknowledged that the petitioners had completed the job and that the respondents were in the process of disbursing the due amount.
Held
The Court held that the municipal authorities ought not to withhold the lawful and just dues of the petitioners. The Court noted that the petitioners were entrusted with work amounting to Rs.5,40,607/- out of a total quoted amount of Rs.5,41,790/-, including GST and LW cess. A certificate dated 12.07.2025 confirmed that the work of renovation of kerb stone and footpath for the Kolkata-International Book Fair-2025, to the extent entrusted, had been executed to the full satisfaction of the BMC. The Court directed the municipal authorities to forthwith process the petitioners' bills as expeditiously as possible, preferably within a period of 6 weeks from the date of communication of the order, and to disburse the just dues payable to the petitioners. The issue of whether the BMC was legally obligated to disburse the bills was implicitly answered in the affirmative by the Court's directive.
Key Issues
1. Whether the Bidhannagar Municipal Corporation (BMC) is obligated to disburse the bills of the petitioners for work completed under work order NIT no.1616/PWD/BMC/ dated 22.01.2025, amounting to Rs.5,40,607/- including all taxes, given that the work has been certified as satisfactorily executed. Petitioner's Contention: The petitioners argued that they had executed the work satisfactorily, supported by a completion certificate from the Executive Engineer of BMC dated 12.07.2025, and had submitted representations for disbursement of their bills. They relied on their representation dated 22.09.2025. Revenue/State's Contention: The BMC, through its counsel, submitted that the petitioners had indeed completed the job and that the respondents were in the process of disbursing the amount due and payable to the petitioners.
AI-generated summary — verify with the full judgment below
2026. AD 09 Court No.03. (sayandeep)
Deep Jyoti Construction & Anr.
-Vs.-
The Bidhannagar Municipal Corporation & Ors.
Ms. Sanghamitra Nandy.
.....for the petitioners.
Mr. Sirsanya Bandyopadhyay,
Mr. Tirthankar Dey,
Mr. Arka Kumar Nag.
.....for the BMC.
The instant writ petition has been filed, inter alia, praying for a direction upon the respondents to disburse the bills of the petitioners against the work order NIT no.1616/PWD/BMC/ dated 22.01.2025, amounting to Rs.5,40,607/- including all taxes.
Ms. Nandy, learned advocate appearing for the petitioners has not only drawn the attention of this Court to the work order dated 22.01.2025 but also to the certificate issued by the Executive Engineer of the BMC dated 12.07.2025 to impress upon this Court that the petitioners have not only executed the work satisfactorily but a completion certificate is in the process of being issued.
Ms. Nandy submits that although, the petitioners have submitted representation, the bills raised by the petitioners have not been disbursed. In this context, she has placed reliance on the representation dated 22.09.2025. 4. Mr. Dey, learned advocate appearing for the BMC on instruction submits that in the instant case, the petitioner has, in fact, completed the job and the respondents are in the process of disbursing the amount due and payable to the petitioners.
Having heard the learned advocates appearing for the parties and noting the rival contentions and also noting that the petitioner had been entrusted to execute the job to the extent of Rs.5,40,607/- out of the total quoted amount of Rs.5,41,790/- including GST and LW cess and noting from the certificate dated 12.07.2025 that the work of renovation of kerb stone along with footpath for different Islands and around Central Mela Ground for the Kolkata-International Book Fair-2025 under the Bidhannagar Municipal Corporation to the extent entrusted, has been executed to the full satisfaction of the Bidhan Nagar Municipal Corporation, I am of the view that the municipal authorities ought not to withhold the lawful and just dues of the petitioners.
Accordingly, the municipal authorities are directed to forthwith process the petitioners’ bills as expeditiously as possible preferably within a period of 6 weeks from the date of communication of this order and disburse the just dues as payable to the petitioners.
With the above direction and observation, the writ petition is disposed of.
All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)
Reproduced from the public record of the Calcutta High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.