Konarak Enterprise And Anr. vs. The Bidhannagar Municipal Corporation And Ors.
Original PDF →Facts
The petitioners, Konarak Enterprises & Anr., filed a writ petition seeking directions for the disbursement of bills amounting to Rs. 31,70,737/- (including GST and LW cess) for work executed under NIT no. 443/PWD/Road/BMC/ dated 29th January 2021. The work order was dated 25th February 2021. The petitioners submitted that they had executed the work satisfactorily, as evidenced by a certificate from the Executive Engineer of the Bidhannagore Municipal Corporation (BMC) dated 3rd June 2025, and had issued reminders for payment on 22nd July 2024 and 13th June 2025. The BMC, through its counsel, acknowledged that the petitioner had completed the job and that 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. The Court noted that the petitioners were entrusted with work to the extent of Rs. 37,00,000/- out of a total quoted amount of Rs. 3,57,49,277/- (including GST and LW cess). The certificate dated 3rd June 2025 confirmed the satisfactory execution of the work related to road improvement, road protection wall, and drain repairing in various areas under Ward no. 1 of the BMC. 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. No issues were expressly left undecided.
Key Issues
1. Whether the Bidhannagore Municipal Corporation is legally obligated to disburse the bills raised by the petitioners for work executed under a specific work order, given the satisfactory completion of the work as certified by the Executive Engineer. Petitioner's Contention: The petitioners argued that they had executed the work to the satisfaction of the BMC, supported by a completion certificate, and despite issuing reminders, their bills remained unpaid. They sought a direction for the disbursement of their lawful dues. Revenue/State's Contention: The BMC, represented by its counsel, submitted that the petitioner 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
2025 Ct. 3 Item No. AD 2 Saswata
WPA 15000 of 2024 Konarak Enterprises & Anr. Versus The Bidhannagore Municipal Corporation & Ors. Ms. Sanghamitra Nandy …For the petitioners Mr. Tirthankar Dey …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. 443/PWD/Road/BMC/ dated 29th January 2021 amounting to Rs.31,70,737/- 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 25th February 2021 but also to the certificate issued by the Executive Engineer of the BMC dated 3rd June 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.
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 two several reminders dated 22nd July 2024 and 13th June 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.
2
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.37,00,000/- out of the total quoted amount of Rs.3,57,49, 277/- including GST and LW cess and noting from the certificate dated 3rd June 2025 that the work of improvement of road and road protection wall and repairing of drain with cover slab at different area of Sarada Pally, Paul Para, Uttar Narayanpur, Srimani Para, Dinesh Pally, Choto Ganthi, within Ward no. 1 under BMC 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.
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.