M/S Maa Laxmi Builders And Anr vs. The Bidhannagar Municipal Corporation And Ors

WPA/8087/2025HC CalcuttaGSTCNR WBCHCA016198202516 July 2025Bench: HON'BLE JUSTICE GAURANG KANTH3 pages

AI SummaryRemanded

Facts

The petitioner, M/s Maa Laxmi Builders, was awarded a work order by the Bidhannagar Municipal Corporation (BMC) on 13.12.2021. The petitioner completed the assigned work within the stipulated time. A completion certificate was issued by the Executing Engineer PWD on 31.01.2023, stating the final bill amount as Rs. 18,92,255/- (excluding GST & L.W. Cess) and Rs. 21,40,519/- (including GST & L.W. Cess). Despite the admitted bill amount, the BMC failed to release the payment. The petitioner submitted a representation on 28.03.2025 seeking redressal, but received no response or action from the respondent authority. Consequently, the petitioner filed a writ petition before the High Court.

Held

The Court held that the respondent corporation should decide the petitioner’s representation dated 28.03.2025 strictly in accordance with law. This decision must be made within a period of four weeks from the date of receipt of a server copy of the Court's order. Crucially, the respondent corporation must afford the petitioner an opportunity of personal hearing and pass a reasoned and speaking order. The outcome of this consideration is to be communicated to the petitioner within one week thereafter. The Court also noted that if the petitioner is aggrieved by the speaking order, they are at liberty to challenge it in accordance with law. The Court did not delve into the merits of the admitted dues or the contractual obligations beyond directing the respondent to consider the representation. The Court also stated that since no affidavit was called for, the allegations in the writ petition cannot be deemed to have been admitted.

Key Issues

1. Whether the respondent corporation has failed to discharge its statutory obligation to consider and decide the admitted contractual dues of the petitioner, as per the representation dated 28.03.2025, thereby violating principles of natural justice and good governance? (Mixed question of law and fact, concerning the duty to act and the principles of natural justice). Petitioner's Contention: The petitioner argued that despite the admitted bill amount and the completion of work, the respondent corporation has failed to release the payment. They further contended that their representation dated 28.03.2025, seeking expeditious redressal, was neither responded to nor acted upon by the respondent corporation, indicating a failure to address admitted dues. Respondent's Contention: The respondent corporation submitted that they are willing to decide the petitioner’s representation dated 28.03.2025 within a period of four weeks from the date of receipt of a server copy of the order, after affording an opportunity of personal hearing to the petitioner.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

16.07.2025 Sl. No.18 Ct.3/ SG W.P.A. 8087 of 2025 [M/s Maa Laxmi Builders & Anr. vs. Bidhannagar Municipal Corpn. & Ors.] Ms. Sanghamitra Nandy … … for the petitioner Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag, Mr. Tirthankar Dey. … … for the BMC 1. Affidavit of service is taken on record. 2. The petitioner has preferred the present writ petition alleging non-payment of admitted contractual dues by the respondent corporation. 3. It is the case of the petitioner that the respondent corporation issued work order dated 13.12.2021 in favour of the petitioner, and he has duly executed the assigned work within the stipulated time period. Thereafter, the Executing Engineer PWD by his Memo No. 1739/PWD(BMC) dated 31.01.2023 issued a completion certificate in favour of the petitioner, stating that the petitioner has completed the work within stipulated period under Bidhannagar Municipal Corporation. In the said certificate final bill amount was mentioned as Rs. 18,92,255/- (excluding GST & L.W. Cess) and Rs. 21,40,519/- (including GST & L.W. Cess). 4. Learned counsel for the petitioner submits that, despite admitted bill amount, the respondent authority has failed to release the amount due to the petitioner. In such circumstances, the petitioner was constrained to submit a representation dated 28.03.2025, seeking expeditious redressal of the grievance. 2 5. He further contended that, despite receiving the said representation, the respondent corporation neither responded to it nor took any steps towards settling the admitted dues. 6. Learned counsel for the respondent corporation submits that the respondent is willing to decide the petitioner’s representation dated 28.03.2025 within a period of four weeks from the date of receipt of a server copy of this order, after affording an opportunity of personal hearing to the petitioner. 7. In view of the submissions made by the learned counsel for the respondent corporation, this Court deems it appropriate to dispose of the present writ petition by directing the respondent corporation to decide the petitioner’s representation dated 28.03.2025, strictly in accordance with law, within a period of four weeks from the date of receipt of a server copy of this order, after affording the petitioner an opportunity of personal hearing and by passing a

reasoned and speaking order.

The outcome of the said consideration shall be communicated to the petitioner within one week thereafter.

Needless to mention that if the petitioner is aggrieved by the speaking order, the petitioner will be at liberty to challenge the same in accordance with law.

10.

With the above direction the present writ petition is disposed of.

11.

Since no affidavit has been called for, the allegations made in the writ petition cannot be deemed to have been admitted.

12.

Let urgent photostate certificate copy of the order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, 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.