Sitam Realty And Anr. vs. Bidhannagar Municipal Corporation And Ors.
Original PDF →Facts
The petitioners, Sitam Realty & Anr., filed a writ petition seeking a direction for disbursement of bills amounting to Rs. 4,86,376/-, including GST and LW cess, for work executed under a work order dated 01.10.2024. The petitioners provided a certificate from the Executive Engineer of the Bidhannagore Municipal Corporation (BMC) dated 09.04.2025, indicating that the work was completed within the stipulated period and a completion certificate was being processed. Despite representations made by the petitioners, their bills remained undisbursed. The BMC, through its counsel, acknowledged that the job was completed and that the amounts due were in the process of disbursement.
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 had been entrusted with work amounting to Rs. 4,86,376/- out of a total tendered amount of Rs. 4,87,057/-, including GST and LW cess. Furthermore, a certificate dated 09.04.2025 confirmed that the construction of the guard wall at Sastitala Main Road, as entrusted, was executed within the stipulated period. Consequently, the Court directed the municipal authorities to forthwith process the petitioners’ bills and disburse the just dues as payable, preferably within a period of 6 weeks from the date of communication of the order. The writ petition was disposed of with these directions.
Key Issues
1. Whether the Bidhannagore Municipal Corporation (BMC) is legally obligated to disburse the pending bills of the petitioners for work completed as per the work order dated 01.10.2024, amounting to Rs. 4,86,376/-, including GST and LW cess, in light of the completion certificate issued by the Executive Engineer dated 09.04.2025. Petitioner's Contention: The petitioners argued that they had executed the work within the stipulated time, as evidenced by the Executive Engineer's certificate, and had made representations for disbursement, but their bills remained unpaid. They relied on their representation dated 11.06.2025. Revenue's Contention: The BMC, through its counsel, submitted that the petitioner had indeed completed the job and that the respondents were in the process of disbursing the amounts due and payable to the petitioners.
AI-generated summary — verify with the full judgment below
2026 Ct. 3 Item No. AD 7 sayandeep Sitam Realty & Anr. Versus The Bidhannagore Municipal Corporation & Ors.
Ms. Sanghamitra Nandy …For the petitioners Mr. Sirsanya Bandyopadhyay Mr. Tirthankar Dey Mr. Arka Kr. 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. 494/PWD/BMC/ dated 01.10.2024 amounting to Rs.4,86,376/- including GST and LW cess.
Ms. Nandy, learned advocate appearing for the petitioners has not only drawn the attention of this Court to the work order dated 01.10.2024 but also to the certificate issued by the Executive Engineer of the BMC dated 09.04.2025 to impress upon this Court that the petitioners have not only executed the work within stipulated period of time but a completion certificate is in the process of being issued.
Ms. Nandy submits that although, the petitioners have issued representation, the bills raised by the petitioners have not been disbursed. In this context, she has placed reliance on representation dated 11.06.2025. 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.4,86,376/- out of the total tendered amount of Rs.4,87,057/- including GST and LW cess and noting from the certificate dated 09.04.2025 that the construction of guard wall at Sastitala Main Road within ward No. 12 under BMC to the extent entrusted, has been executed within stipulated period of time, 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.