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. 11,92,930/-, including GST and LW cess, for work executed under Work Order NIT no. 373/PWD (BMC) dated 12.10.2020. The petitioners submitted a representation on 7.8.2025, highlighting that despite satisfactory execution of the work, as evidenced by a certificate from the Executive Engineer of the Bidhannagar Municipal Corporation (BMC) dated 3.1.2025, their bills had not been disbursed. The BMC, represented by Mr. Dey, acknowledged that the petitioners had completed the job and that the respondent authorities 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. The Court noted that the petitioners were entrusted to execute a job to the extent of Rs. 11,92,930/- (including GST and LW cess) and that the work, estimated at Rs. 10,54,574/- (excluding GST and LW cess) for the construction of the 1st Floor Word office within Ward No. 30 under the BMC, had been executed to the full satisfaction of the BMC, as confirmed by the certificate dated 03.1.2025. 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 Bidhannagar Municipal Corporation (BMC) is legally obligated to disburse the pending bills of the petitioners for work executed under Work Order NIT no. 373/PWD (BMC) dated 12.10.2020, amounting to Rs. 11,92,930/- including GST and LW cess, given the satisfactory completion of the work as certified by the Executive Engineer. Petitioner's contention: The petitioners argued that they had satisfactorily executed the work as per the work order and a completion certificate was being processed. They submitted a representation on 7.8.2025, but their bills remained undisbursed. They relied on the work order dated 12.10.2020 and the certificate issued by the Executive Engineer of the BMC dated 3.1.2025. Revenue/State's contention: The BMC, through its counsel, submitted that the petitioner had indeed completed the job and the respondents were in the process of disbursing the amount due and payable to the petitioners.
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12.02.2026. Court No.03. (Pritam)
WPA 29462 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.373/PWD (BMC) dated 12.10.2020 amounting to Rs.11,92,930/- 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 12.10.2020 but also to the certificate issued by the Executive Engineer of the BMC dated 3.1.2025 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.
2
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 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.11,92,930/- out of the total quoted amount of Rs.11,88,537/- excluding GST and noting from the certificate dated 03.1.2025 that the work of Estimate for construction of 1st Floor Word office within Ward No.30, under the Bidhannagar Municipal Corporation to the extent of Rs.10,54,574/- excluding GST and LW cess, has been executed to the full satisfaction of the Bidhannagar 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.