Sitam Realty And Anr. vs. The Bidhannagar Municipal Corporation And Ors.
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The petitioners, Sitam Realty & Anr., filed a writ petition seeking a direction for the disbursement of their bills amounting to Rs. 26,19,729/-, including GST and LW cess, for work executed under a work order (NIT no.219/PWD/Road/BMC/ dated 17.7.2025). The petitioners submitted that they had completed the work within the stipulated period and a completion certificate was being processed. They had also submitted a representation dated 10.01.2026 regarding the non-disbursement of their bills. The Bidhannagar Municipal Corporation (BMC), represented by Mr. Dey, submitted that the petitioners had indeed completed the job and 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 to the extent of Rs. 26,19,729/- including GST and LW cess, and a certificate dated 05.12.2025 confirmed the execution of the work to the full satisfaction of the Bidhannagar Municipal Corporation. The Court reasoned that withholding such dues after satisfactory completion of the work was unjust. Accordingly, the municipal authorities were directed 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 disburse the just dues payable to the petitioners. The ratio decidendi is that public authorities must promptly disburse legitimate dues to contractors upon satisfactory completion of work.
Key Issues
1. Whether the Bidhannagar Municipal Corporation (BMC) is legally obligated to disburse the bills of the petitioners for the completed work, considering the petitioners have fulfilled their contractual obligations and provided evidence of completion. Contentions: Petitioner: The petitioners argued that they had executed the work as per the work order and a completion certificate was in process, as evidenced by the certificate from the Executive Engineer of the BMC dated 5.12.2025. They contended that their bills, submitted via representation dated 10.01.2026, should be disbursed as the work was completed to the satisfaction of the Corporation. Revenue/State (BMC): The BMC, through its counsel, submitted that the petitioners had completed the job and the respondents were in the process of disbursing the amount due and payable to the petitioners.
Sections Cited
None explicitly discussed or named in the judgment.
AI-generated summary — verify with the full judgment below
2026. Court No.
AD 06 (sayandeep)
Sitam Realty & 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.219/PWD/Road/BMC/ dated 17.7.2025, amounting to Rs.26,19,729/- 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 17.7.2025 but also to the certificate issued by the Executive Engineer of the BMC dated 5.12.2025 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 submitted representation, the bills raised by the petitioners have not been disbursed. In this context, she has placed reliance on the representation dated 10.01.2026. 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.26,19,729/- out of the total quoted amount of Rs.26,20,884/- including GST and LW cess and noting from the certificate dated 05.12.2025 that improvement of road along with drain including cover slab from h/o Sahabuddin Mondal to h/o Mohidul Gayen at Tetultala within ward No. 12 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.