B.C. Paul And Sons And Anr. vs. The Bidhannagar Municipal Corporation And Ors.

Facts

The petitioners, B.C. Paul & Sons and Anr., seek disbursal of Rs. 18,35,559/-, including GST and Cess, for outstanding dues arising from Work Order No. 1319/PWD (BMC) dated 23.02.2021, and the release of an Earnest Deposit of Rs. 33,191/-. The petitioners claim to have duly executed the assigned work within the stipulated time, and an Executive Engineer PWD issued a completion certificate on 12.08.2022 confirming the satisfactory completion of the work. Despite admitting the amount, the respondent corporation allegedly failed to release the payment. The petitioners submitted a representation on 21.02.2025 seeking redressal.

Held

The Court directed the respondent corporation to decide the petitioners’ representation dated 21.02.2025 within a period of eight weeks from the date of communication of the order. This decision is to be made after affording an opportunity of personal hearing to the petitioners and by way of a speaking order. The Court did not make any findings on the merits of the outstanding dues or the validity of the completion certificate, as the respondent corporation expressed willingness to decide the representation. The ratio decidendi is that administrative authorities must consider and decide representations within a reasonable time frame after providing a fair hearing. The operative direction is for the respondent corporation to decide the representation.

Key Issues

1. Whether the respondent corporation is obligated to disburse the outstanding dues of Rs. 18,35,559/- (including GST and Cess) and release the Earnest Deposit of Rs. 33,191/- to the petitioners, given the completion certificate issued. Petitioner's contention: The petitioners argued that they have fulfilled their contractual obligations as evidenced by the completion certificate and that the respondent authority has admitted the outstanding amount but failed to release it. They relied on the work order and the subsequent completion certificate as proof of their entitlement to the payment. Respondent's contention: The respondent corporation, represented by learned counsel, submitted that they are ready and willing to decide the petitioners’ representation dated 21.02.2025 within a time-bound manner. No specific arguments were made regarding the merits of the outstanding dues or the completion certificate.