The Sub-Divisional Officer, Kalyani and Ors. Vs Samapti Das — Calcutta HC (2024) — LawSathi Research

The Sub-Divisional Officer, Kalyani and Ors. Vs Samapti Das — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of with directions: no further payment for the present; the admitted Rs. 2,03,003/- remains ad hoc subject to the writ petition's result; all bills to be verified in the presence of the writ petitioner or authorized representative, with the outcome reported to the learned Single Bench; affidavit timeline commencing 15th July, 2024; no order as to costs.

Issue for consideration

Whether the respondent/writ petitioner is entitled to the payment claimed for certain works done for the appellant department.

Ratio / Principle

For the present, the appellants are not required to make any further payment beyond the admitted Rs. 2,03,003/-, which shall stand as an ad hoc payment subject to the result of the writ petition.

Key takeaways

Appellants must inform the respondent/writ petitioner to attend their office either in person or through an authorized representative for verification of all bills; such verification shall be done in the presence of the writ petitioner or the authorized representative, and its outcome shall be reported to the learned Single Bench.ratio¶26
Affidavits shall be filed within the timeframe fixed by the learned Single Bench, with the time running from 15th July, 2024.ratio¶25

Detailed headnote1 paragraphs

High Court of Judicature at Calcutta (Civil Appellate Jurisdiction), heard and delivered on 08.07.2024 (T. S. Sivagnanam, C.J., with Hiranmay Bhattacharyya, J. concurring): M.A.T. of 881 of 2024 (with CAN 1 of 2024), The Sub-Divisional Officer, Kalyani & Ors. v. Smt. Samapti Das, concerning entitlement to payment for certain works done for the appellant department. The Division Bench disposed of the appeal by directing that, for the present, no payment beyond the admitted Rs. 2,03,003/- (already made, following a verification done without notice) is required, and that this sum remains ad hoc subject to the writ petition's result; that the appellants inform the writ petitioner to attend their office, in person or through an authorized representative, so that all bills are verified in the petitioner's/representative's presence, with the verification outcome reported to the learned Single Bench; and that affidavits be filed within the timeframe fixed by the learned Single Bench, commencing 15th July, 2024. No order as to costs.

Form No. J.(2) Item No. AD 37

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Heard on: 08.07.2024

Delivered on: 08.07.2024

CORAM:

The Hon’ble Mr. Chief Justice T. S. Sivagnanam and The Hon’ble Mr. Justice Hiranmay Bhattacharyya

M.A.T. of 881 of 2024

The Sub-Divisional Officer, Kalyani & Ors. Versus

Smt. Samapti Das

with

CAN 1 of 2024

Appearance:-

Mr. Wasim Ahmed Mr. M. Shetabooddin

Mr. Debasish Chattopadhyay

..…For the appellant-State …..For the respondents

JUDGMENT

(Judgment of the Court was delivered by T.S. Sivagnanam, C.J.)

The issue in the main writ petition is whether the respondent/writ petitioner

is entitled for the payment claimed by him for certain works done for the appellant department.

2

The learned Single Bench directed ad hoc payment of Rs. 4 lacs to be made which was subject to the outcome of the writ petition.

Since the matter requires affidavits to be filed, the learned Single Bench had directed affidavits to be filed within a week and reply within a week thereafter and directed the matter to be listed in the Monthly List of May, 2024.

The respondent/writ petitioner has been paid a sum of Rs. 2,03,003/-. According to the appellant the verification of the bills were done and there were a lot of duplication and the admitted amount is Rs. 2,03,003/-. However, this verification appears to have been done without notice to the appellant. Therefore, for the present, the appellants are not required to make any further payment and the payment of Rs. 2,03,003/- shall be ad hoc subject to result of the writ petition.

The affidavit shall be filed within the timeframe fixed by the learned Single Bench and the time should commence from 15^th July, 2024.

Since the matter is running in the list of the learned Single Bench, appellants are directed to inform the respondent/writ petitioner to attend their office either in person or through the authorized representative for the purpose of verification of all the bills and such verification shall be done in the presence of the writ petitioner or his authorized representative and the outcome of such verification shall also be reported to the learned Single Bench.

With the above observation and direction the appeal stands disposed of.

There shall be no order as to costs.

3

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T. S. Sivagnanam) Chief Justice

I agree.

(Hiranmay Bhattacharyya, J.)

S. Banerjee/Krishnendu ARs(Ct.)