Deep Jyoti Construction And Anr. vs. Bidhannagar Municipal Corporation And Ors
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The petitioners, Deep Jyoti Construction & Anr., filed a writ petition seeking a direction for the disbursement of bills amounting to Rs. 10,94,481/-, including GST and LW cess, for work executed under a work order dated 26.05.2023. The petitioners submitted that they had satisfactorily completed the work, as evidenced by a certificate from the Executive Engineer of the Bidhannagore Municipal Corporation (BMC) dated 29.08.2023, and had made representations for payment. The BMC, represented by its learned advocates, acknowledged that the petitioners had completed the job and that the respondent authorities were in the process of disbursing the amounts due.
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. 10,94,481/- out of a total quoted amount of Rs. 10,96,445/-, including GST and LW cess. Furthermore, the certificate dated 29.08.2023 confirmed that the work of repairing and maintenance of Bituminous Road within Ward No. 33, under BMC, had been executed to the full satisfaction of the Bidhan Nagar Municipal Corporation. 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 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 legally obligated to disburse the outstanding bills of the petitioners for work executed under a work order dated 26.05.2023, amounting to Rs. 10,94,481/-, including GST and LW cess, given the satisfactory completion of the work as certified by the BMC's Executive Engineer. Contentions: Petitioner: The petitioners argued that they had executed the work satisfactorily, as confirmed by the Executive Engineer's certificate dated 29.08.2023, and that despite representations, their bills remained undisbursed. They relied on the work order and the completion certificate. Revenue/State (BMC): 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.
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2026 Ct. 3 Item No. AD 10 sayandeep Deep Jyoti Construction & Anr. Versus The Bidhannagore Municipal Corporation & Ors.
Ms. Sanghamitra Nandy …For the petitioners Mr. Sirsanya Bandyopadhya 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. 667/PWD/Road/BMC/ dated 26.05.2023, amounting to Rs.10,94,481/- 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 26.05.2023 but also to the certificate issued by the Executive Engineer of the BMC dated 29.08.2023 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 05.06.2024. 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. 10,94,481/- out of the total quoted amount of Rs.10,96,445/- including GST and LW cess and noting from the certificate dated 29.08.2023 that the work of repairing and maintenance of Bituminous Road from FE-121 to FE-141, from FE-121 to FE 160 (opposite of Park) & from FE-460 to FE-472 within Ward No. 33, under BMC 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.