Authority: High Court at Calcutta, Circuit Bench at Jalpaiguri (Constitutional Writ Jurisdiction Appellate Side)
Order Date: August 13, 2026
Case Overview
- Parties: Petitioner Sankar Kumar Das (represented by Advocates Debopriyo Karan, Sankhasuvra Roy, Avimannu Das) vs. Respondents – State of West Bengal (represented by Junior Government Pleader Supriya Singh and Advocate Samar Rakshit), Mal Municipality (represented by Advocates Pretom Das, Sandip Guha Roy, Abhisek Sen).
- Nature of Proceeding: Writ petition (WPA 85 of 2026) seeking payment for construction work undertaken for Mal Municipality under a tender.
- Tender Details: Total tendered amount Rs 1,618,949. Part payment of Rs 484,674 already made (as per page 35 of the writ petition). Balance claimed by petitioner: Rs 1,134,275.
- Admission by Municipality: Status report dated February 12, 2026, issued by the Chairman of Mal Municipality, unequivocally admits that Rs 1,134,275 is still due and payable to the petitioner. The report was placed on record and served on the petitioner’s counsel.
Final Outcome
- The Court directs the petitioner to forward a copy of the order to the Principal Secretary, Department of Urban Development and Municipal Affairs (Respondent No. 4) and to the Principal Accountant General (A & E), Treasury Building, Kolkata‑700001.
- Payment Directions:
1. Respondent No. 4 must ensure the amount of Rs 1,134,275 is credited to the petitioner’s bank account by electronic mode.
2. If fund sanction is required, Respondent No. 4 must communicate the need to the appropriate authority within one week of this order; that authority must sanction and transmit the fund within three weeks of receiving the communication.
3. Upon receipt of the sanctioned fund, Respondent No. 4 must pay the petitioner within one week.
4. If the fund is already available in the account of Respondent No. 3 (Mal Municipality), Respondent No. 4 must disburse the payment within two weeks of this order.
5. Should the amount already have been paid, the respondents must inform the petitioner in writing with supporting documents, and no further payment will be required.
- The Court notes that affidavits are not required and the allegations in the writ petition are not deemed admitted by the respondents, except for the admission in the status report.
- The writ petition stands disposed of without any order as to costs.
- Parties are instructed to act on the server copy of this order obtained from the official website of the Court, and a certified photostat copy may be furnished expeditiously if applied for.
Topics: Municipal Payment, Legal Order