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. 9,09,221/-, including GST and LW cess, for work executed under work order NIT no. 850/PWD/Road/BMC/ dated 8.7.2024. The petitioners submitted representations and a notice on 26.11.2025 and 22.9.2025 respectively. The Bidhannagar Municipal Corporation (BMC), represented by Mr. Dey, stated that the petitioners had completed the job and the respondents were in the process of disbursing the due amount. A certificate from the Executive Engineer of BMC dated 29.8.2025 confirmed satisfactory execution of the work, an embankment protection work at Promodgarh Pond, to the extent of Rs. 7,62,897/-, excluding GST and LW cess.
Held
The Court held that the municipal authorities ought not to withhold the lawful and just dues of the petitioners. The reasoning was based on the satisfactory execution of the work, as confirmed by the certificate dated 29.08.2025, which indicated the completion of the embankment protection work to the full satisfaction of the Bidhannagar Municipal Corporation. The Court found that the petitioners had been entrusted with work to the extent of Rs. 9,09,221/- including GST and LW cess, and had executed a significant portion of it to satisfaction. The ratio decidendi is that municipal authorities are bound to disburse undisputed dues for satisfactorily completed work promptly. Accordingly, the municipal authorities were directed 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.
Key Issues
1. Whether the Bidhannagar Municipal Corporation (BMC) is obligated to disburse the lawful and just dues of the petitioners for the completed work, as per the terms of the work order and the subsequent completion certificate. Petitioner's Contention: The petitioners argued that they had satisfactorily executed the work as per the work order dated 8.7.2024 and that a completion certificate was in the process of being issued, as evidenced by the certificate dated 29.8.2025. Despite submitting representations, their bills remained undisbursed, necessitating the present writ petition. 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 amount due and payable to the petitioners.
Sections Cited
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AI-generated summary — verify with the full judgment below
12.02.2026. Court No.03. (Pritam)
WPA 29368 of 2025. Tarun Kanti Biswas & Ors.
-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.850/PWD/Road/BMC/ dated 8.7.2024 amounting to Rs.9,09,221/- 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 8.7.2024 but also to the certificate issued by the Executive Engineer of the BMC dated 29.8.2025 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 26.11.2025 and notice on 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.9,09,221/- out of the total quoted amount of Rs.7,90,091/- excluding GST and LW cess and noting from the certificate dated 29.08.2025 that the work of Embankment protection work Eucalyptus bullah at Promodgarh Pond from h/o. Sachin Mondal to h/o Pankaj Sarkar under Ward no.21 under the Bidhannagar Municipal Corporation to the extent of Rs.7,62,897/-, 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
3 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.