M/S C. Biswas And Anr. vs. The Bidhannagar Municipal Corporation And Ors.
Original PDF →Facts
The petitioners, M/s. C. Biswas & Anr., filed a writ petition seeking a direction for the disbursement of bills amounting to Rs. 4,66,593/-, including GST and LW cess, against a work order (NIT no.1136/PWD/BMC/ dated 14.06.2021) 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 the BMC dated 02.02.2023, and had also made representations for payment. The BMC, through its counsel, stated that the petitioners had 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. It noted that the petitioners were entrusted with executing a job to the extent of Rs. 4,66,593/- (including GST and LW cess) based on a work order, and that a certificate dated 02.02.2023 confirmed the satisfactory execution of the work, specifically the construction of a masonry box drain, to the full satisfaction of the Bidhannagar Municipal Corporation. 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 Bidhannagar Municipal Corporation is legally obligated to disburse the petitioners' bills for work executed under a valid work order, considering the satisfactory completion certificate issued. Petitioner's contention: The petitioners argued that they had executed the work as per the work order dated 14.06.2021 and that a completion certificate was in the process of being issued, as confirmed by the Executive Engineer's certificate dated 02.02.2023. They further contended that despite their representations, the bills raised had not been disbursed. Revenue/State's contention: The Bidhannagar Municipal Corporation, 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
12.02.2026. Court No.03. (Pritam)
WPA 29463 of 2025. M/s. C. Biswas & 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.1136/PWD/BMC/ dated 14.06.2021 amounting to Rs.4,66,593/- 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 14.6.2021 but also to the certificate issued by the Executive Engineer of the BMC dated 2.2.2023 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.
2
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 7.8.2025. 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.4,66,593/- out of the total quoted amount of Rs.4,15,483/- excluding GST and noting from the certificate dated 2.2.2023 that the work of Construction of massonary box drain at Jotinagar part B from Moloy Biswas house to Ripan Samaddar House within Ward No.21, under the Bidhannagar Municipal Corporation to the extent of Rs.412476/- excluding GST and LW cess, 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
3 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.