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 bills amounting to Rs. 19,24,583/-, including GST and LW cess, for work executed under NIT no. 494/PWD/BMC/dated 01.10.2024. The petitioners submitted that they had satisfactorily executed the work, as evidenced by a certificate from the Executive Engineer of the Bidhannagore Municipal Corporation (BMC) dated 13.05.2025, and had issued representations for payment. 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 amounts.
Held
The Court held that the municipal authorities ought not to withhold the lawful and just dues of the petitioners. It noted that the petitioners were entrusted with work to the extent of Rs. 19,20,896/- out of the tendered amount of Rs. 19,22,658/-, including GST and LW cess. The Court also took into consideration the certificate dated 13.05.2025, which confirmed the execution of the construction of a guard wall and cement concrete road within the stipulated period. The Court directed the municipal authorities to forthwith process the petitioners' bills as expeditiously as possible, preferably within six weeks from the date of communication of the order, and to disburse the just dues payable to the petitioners. The writ petition was disposed of with these directions.
Key Issues
1. Whether the Bidhannagore Municipal Corporation (BMC) is obligated to disburse the lawful and just dues of the petitioners for the work executed under NIT no. 494/PWD/BMC/dated 01.10.2024, amounting to Rs. 19,24,583/- including GST and LW cess. Petitioner's Contention: The petitioners argued that they had completed the work satisfactorily, supported by a completion certificate from the BMC's Executive Engineer, and had made representations for payment. They contended that the bills raised by them had not been disbursed despite the work completion. 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 amounts due and payable to the petitioners.
AI-generated summary — verify with the full judgment below
2026 Ct. 3 Item No. AD 8 sayandeep
WPA 2116 of 2026
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.19,24,583/- 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 13.05.2025 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 issued representation, the bills raised by the petitioners have not been disbursed. In this context, she has placed reliance on representation dated 04.08.2025. 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.
2
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.19,20,896/- out of the tendered amount of Rs.19,22,658/- including GST and LW cess and noting from the certificate dated 13.05.2025 that the construction of guard wall by Ballah piling and chain link fencing and construction of cement concrete road at Noapara Mallic Bagan in front of Satyajit Mahato House to Chandan Roy House and Presenjit Ghosh to Pradip Mandal House 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.