Disposed

Mahitesh Sardar v. State of West Bengal & Ors.

Calcutta HC20 Jan 2021WPA/7094/2019

Case brief

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What is this about?

Petitioner sought Writ Petition for delayed payment of construction bills. Court disposed of petition by directing respondent Executive Officer to consider his representation with an opportunity of hearing within eight weeks, leaving merits open.

What did the court decide?

Direction to Executive Officer of Bagdah Panchayet Samity to consider petitioner representation with opportunity of hearing and pass reasoned order within eight weeks.

Mahitesh Sardar Vs State of West Bengal & Ors. — Public Procurement and Tenders | Calcutta HC (2021)

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20.01.2021 SL No.31 Court No.24 (P.M.)

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WPA 7094 of 2019

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Mahitesh Sardar Vs.

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The State of West Bengal & Ors.

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Mr. Gautam Narayan Bhattacharya … for the petitioner

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Mr. Shamimul Bari … for the State

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The petitioner claims that a work order was issued in his favour for the purpose of construction of concrete road in the year 2016. The petitioner further claims that he had performed the work satisfactorily and raised bills in respect of the work performed by him.

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He alleges that the bills raised by him were not cleared by the respondent authorities. No reason whatsoever has also been communicated to the petitioner for non-releasing the aforesaid bills.

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The petitioner made representation before the Executive Officer of Bagdah Panchayet Samity, North 24 Parganas on repeated occasions but none of his representations have also been considered by the respondents.

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None appears on behalf of the Panchayet Samity despite service.

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As it appears that the petitioner has already raised his grievances before the Panchayet Samity and the same

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has not been redressed by the said authority, no useful purpose will be served by keeping the writ petition pending.

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The writ petition is accordingly disposed of by directing the respondent No. 4 being the Executive Officer of Bagdah Panchayet Samity to take steps for consideration of the representation made by the petitioner, strictly in accordance with law, within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall afford the opportunity of hearing to the petitioner and pass a reasoned order and communicate the same to the petitioner immediately thereafter.

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It is made clear that this Court has not gone into the merits of the claim of the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation made by the petitioner.

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WPA 7094 of 2019 stands disposed of.

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Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

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( Amrita Sinha, J.)

Mahitesh Sardar v. State of West Bengal & Ors.

Case brief

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Mahitesh Sardar v. State of West Bengal & Ors.

Case brief

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