M/S. Das Enterprise And Anr. vs. Bidhannagar Municipal Corporation And Ors.
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The petitioners, M/s Das Enterprise & Anr., filed a writ petition seeking a direction for the disbursement of bills amounting to Rs. 83,63,734/- (excluding GST and LW cess) for work executed under a work order dated 18th November 2024, related to NIT no. 443/PWD/Road/BMC/ dated 29th January 2021. The petitioners submitted that they had satisfactorily executed the work, as evidenced by a completion certificate issued by the Executive Engineer of the Bidhannagar Municipal Corporation on 14th June 2025. Despite issuing reminders, the bills remained undisbursed. The Bidhannagar Municipal Corporation, through its counsel, acknowledged that the petitioners had completed the job and that the process of disbursing the due amount was underway.
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 Bituminous work to the extent of Rs. 94,72,888/- out of a total quoted amount of Rs. 3,30,21,376/- (excluding GST and LW cess) in Ward No. 29. The Court further observed that the certificate dated 14th June 2025 confirmed the satisfactory execution of the upgradation of Bituminous work in various blocks within Ward No. 29. Accordingly, the Court directed the municipal authorities to forthwith process the petitioners' bills as expeditiously as possible, preferably within a period of six weeks from the date of communication of the order, and to disburse the just dues payable to the petitioners in accordance with law.
Key Issues
1. Whether the Bidhannagar Municipal Corporation is legally obligated to disburse the pending bills of the petitioners for the completed work, considering the issuance of a completion certificate. The petitioners argued that they had executed the work to the full satisfaction of the Bidhannagar Municipal Corporation, as confirmed by the completion certificate dated 14th June 2025. They contended that their bills, raised for work executed under the specified work order, should be disbursed promptly. Reliance was placed on the representation dated 26th June 2025. The respondents (Bidhannagar Municipal Corporation) conceded that the petitioners had completed the job and that the disbursement process was in progress.
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7 11.02.2026 sb
Ct.
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURI ICTION APPELLATE SIDE M/s Das Enterprise & Anr. Versus The Bidhannagar Municipal Corporation & Ors.
Ms. Sanghamitra Nandy
… For the petitioners.
Mr. Sirsanya Bandyopadhyay
Mr. Tirthankar Dey
Mr. Arka Kumar Nag
… For Bidhannagar Municipal Corporation
Affidavit of service filed in Court is taken on record.
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 of Sl. 16, NIT no. 443/PWD/Road/BMC/ dated 29th January 2021 and 18th November, 2024amounting to Rs.83,63,734/- excluding 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 18th November, 2024 but also to the certificate issued by the Executive Engineer of the Bidhannagar Municipal Corporation dated 14th June, 2025 to impress upon this Court that the petitioners have not only executed the work satisfactorily but a completion certificate has already been issued.
Ms. Nandy submits that although, the petitioners have from time to time issued reminders, the bills raised by the petitioners have not been disbursed. In this context, she has placed reliance on the representation dated 26th June, 2025. 5. Mr. Badnyopadhyay, learned advocate appearing for the BMC on instruction submits that in the instant case, the petitioners have, 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 Bituminous work job to the extent of Rs.94,72,888/- out of the total quoted amount of Rs.3,30,21,376/- excluding GST and LW cess in Ward No.29 and noting from the certificate dated 14th June, 2025 that the work of upgradation of Bituminous work in CK Block, CL Block, BE Block, BK Block, BJ Block, CJ Block, AK Block, AL Block and AJ Block within Ward no. 29 under Bidhannagar Municipal Corporation 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 in accordance with law.
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.