M.J Electric and Anr. Vs State of West Bengal and Ors.

The petitioners have filed the present writ application praying for a direction upon the respondent authorities for release of the payment of Rs. 28,73,448/-.

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Learned counsel for the petitioners submits that the authorities have issued the work order from time to time and the petitioners have completed all the works. On completion of the work order, the petitioners have submitted the bill for a total sum of Rs. 29,19,826/- and after verification of the bill, the respondent authorities have come to know that the petitioners are entitled to get Rs. 28,73,448/- out of which the respondents only released an amount of Rs. 4,99,208/-and the balance amount of Rs. 23,74,240/- is due and payable to the petitioners.

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The Executive Engineer, P.W.D., Bardhaman Electrical Division, Government of West Bengal has submitted the report and submitted that the petitioners have completed the work and for a total sum of Rs. 28,73,448/- out of which Rs. 4,99,208/- has been released in favour of the

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petitioners but the balance amount of Rs. 23,74,240/- is due and pending. He submits that the Executive Engineer already requested the Secretary, Finance Department, Government of West Bengal for approval of the amount so that the balance amount of Rs. 23,74,240/- can be paid to the petitioners.

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This Court finds that the respondents have not denied with regard to the issuance of the work order to the petitioners and the completion of the execution of work order by the petitioners and the amount of Rs. 23,74,240/- is due and payable to the petitioners. The only circumstance which the respondents have prayed before this Court is that the amount is not sanctioned by the concerned authority due to which the amount could not be paid to the petitioners.

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Heard the learned counsel for the respective parties.

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Perused the materials on record and the report submitted by the authorities.

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This Court finds that the authorities have admitted that Rs. 23,74,240/- is due and pending and the Executive Engineer has already requested the Secretary, Finance Department, Government of West Bengal for release of the said amount.

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In view of the above, the writ petition is disposed of by directing the respondent no. 7 i.e. the Secretary, Finance Department, Government of West Bengal to take appropriate decision for sanctioning of Rs. 23,74,240/within a period of eight weeks from the date of receipt of this order and once the amount is sanctioned, the respondent no. 9, i.e., the Executive Engineer, P.W.D.,

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Bardhaman Electrical Division, Government of West Bengal shall release the said amount within a period of two weeks thereafter.

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WPA 20306 of 2025 is disposed of.

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Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

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(Krishna Rao, J.)

M.J Electric and Anr. v. State of West Bengal and Ors.

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M.J Electric and Anr. v. State of West Bengal and Ors.

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