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  5. October

M/s. S.b. Construction vs. State of West Bengal and Ors.

Decided on 30 October 2024• Citation: WPA/26226/2024• Calcutta High Court
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                         21                                                         
                        30.10.2024                                                  
                        susanta/                                                    
                        ssi                                                         
                                              WPA 26226 of 2024                     
                         Ct. 7                                                      
                                               M/S S. B. Construction               
                                                   -vs-                             
                                              The State of West Bengal & ors.       
                                              Mr. Robiul Islam                      
                                              Mr. Raju Mondal                       
                                                            …for the petitioner     
                                              Mr. Biplab Guha                       
                                              Mr. Asish Dutta                       
                                              Mr. Subhadeep Maitra                  
                                                            …for the State          
                                         Affidavit of service filed on behalf of the
                                    petitioner is taken on record.                  
                                         The petitioner has alleged that neither the
                                    completion certificate of the work allotted to him for
                                    construction of road, nor the final bill therefor, have
                                    yet been issued/disbursed to him, by the respondent
                                    no.6/Gram Panchayat.                            
                                         Hence this writ petition.                  
                                         Learned advocate appearing for the petitioner
                                    submits that his client has entered into a contract
                                    with the respondent no.6 for construction of road
                                    which work has already been completed. In spite of the
                                    same, the respondent no.6 has been inactive in  
                                    issuing completion certificate to his client, as well as
                                    the final bill amount. He has indicated that two
                                    representations dated 07.02.2022 and 02.02.2024 
                                    have been submitted by the petitioner before the

                                                     2                              
                                    authorities but to no avail. Necessary order has been
                                    prayed for in this case.                        
                                         The State is represented.                  
                                         However, the main answering respondent, that
                                    is respondent no.6, is not represented in spite of
                                    service of notice.                              
                                         Considering the above, the respondent no.6 is
                                    directed to immediately consider and dispose of the
                                    petitioner’s prayer vide letters dated 07.02.2022 and
                                    02.02.2024 respectively.                        
                                         In case the works done are found proper in 
                                    terms of the contract, the said respondent is directed
                                    to immediately issue the completion certificate as well
                                    as disburse the amount of bill, raised by the petitioner
                                    in terms of the contract.                       
                                         The writ petition is thus disposed of.     
                                         The exercise as above shall be concluded by the
                                    respondent no.6 within a period of three weeks from
                                    the date of communication of this order.        
                                         All parties shall act on a server copy downloaded
                                    from the official website of this Court.        
                                                       (Rai Chattopadhyay, J.)