Tarun Kanti Biswas And Ors. vs. The Bidhannagar Municipal Corporation And Ors.
Original PDF →Facts
The petitioners, Tarun Kanti Biswas & Ors., filed a writ petition seeking a direction for the disbursement of bills amounting to Rs. 3,86,385/-, including GST and LW cess, against a work order (NIT no. 648/PWD/Road/BMC (4th call) of 355/PWD/Road/BMC) dated 18.5.2023. The petitioners submitted a representation on 22.9.2025, highlighting that they had executed the work satisfactorily, as evidenced by a certificate from the Executive Engineer of the Bidhannagar Municipal Corporation (BMC) dated 23.9.2025, and that a completion certificate was pending. The BMC, represented by Mr. Dey, acknowledged that the petitioners had completed the job and that the respondent was 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 with executing a job to the extent of Rs. 3,86,385/- (including GST and LW cess) and that the work of Construction of concrete Road at Arabinda Pally under Ward No. 21, Bidhannagar Municipal Corporation, to the extent of Rs. 3,24,203/- (excluding GST and LW cess), had been executed to the full satisfaction of the BMC, as per the certificate dated 23.9.2025. 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 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 (BMC) is legally obligated to disburse the bills raised by the petitioners for work executed under a specific work order, considering the satisfactory completion of the work as certified by the BMC's Executive Engineer. Contentions: Petitioner: The petitioners argued that they had satisfactorily executed the work as per the work order dated 18.5.2023 and that a completion certificate was in the process of being issued, as confirmed by the Executive Engineer's certificate dated 23.9.2025. Despite submitting a representation on 22.9.2025, their bills remained undisbursed, necessitating court intervention. Revenue/State (BMC): The BMC, through its counsel, submitted that the petitioners had indeed completed the job, and the respondent was in the process of disbursing the amounts due and payable to the petitioners.
Sections Cited
None explicitly mentioned or discussed in detail as the matter was resolved by direction.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
order NIT no.648/PWD/Road/BMC (4th call) of 355/PWD/Road/BMC dated 18.5.2023 amounting to Rs.3,86,385/- 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 18.5.2023 but also to the certificate issued by the Executive Engineer of the BMC dated 23.9.2025 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 reliance on representation dated 22.9.2025. 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.3,86,385/- out of the total quoted amount of Rs.3,36,354/- excluding GST and LW cess and noting from the certificate dated 23.9.2025 that the work of Construction of concrete Road at Arabinda Pally from H/O. Adhir Sarkar to H/O Santi Sarkar under Ward No.21 under the Bidhannagar Municipal Corporation to the extent of Rs.3,24,203/- 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.