Calcutta High Court (Appellete Side)
& Anr vs Sri Debasish Ghosh on 25 April, 2022
25.04.2022
Item No.01
Court No.6.
S. De
C.P.A.N. 272 of 2022
in
MAT 1344 of 2019
Das & Brothers, represented by its Sole Proprietor
& Anr.
Vs
Sri Debasish Ghosh.
Ms. Sanghamitra Nandy,
...for the petitioners.
Mr. Arka Kumar Nag,
...for the Bidhannagar Municipal
Corporation.
A copy of the order dated April 22, 2022 passed
by the Commissioner, Bidhannagar Municipal
Corporation be kept with the records.
This contempt application was filed alleging
wilful violation of a judgment and order dated
December 10, 2019 whereby MAT 1344 of 2019 was
disposed of along with the connected applications.
The respondents in the appeal contended that
they had done work for Bidhannagar Municipal
Corporation but payment therefor was not released by
the Corporation. They were successful in obtaining a
favourable order from the learned Single Judge. The
Corporation appealed. That appeal was disposed of by
the order violation whereof is alleged in this contempt
application.
The operative portion of the order of the Co-
ordinate Bench reads as follows :-
"we do not see reason to remand the
writ petition for fresh hearing. Interest of
justice, in our view, would be sufficiently
served if the Commissioner of the
corporation, appellant no.2, proceeds to
consider the representations of the
respondents 1 and 2 dated 19th
November, 2018, 12th December, 2018
and 27th May, 2019 in accordance with
law and upon granting an opportunity of
hearing to the respondents 1 and 2.
In the event the commissioner is of
the opinion that the respondents 1 and 2
had executed the work entrusted to them
fully and to the satisfaction of the
corporation, release of the dues of the
respondents 1 and 2 shall not be unduly
delayed. However, if the commissioner is
of the view that execution of the works by
the respondents 1 and 2 fall short of the
level of satisfaction or was not up to the
mark or there are other reasons for which
release of payment claimed by the
respondents 1 and 2 in full or in part
would not be permissible in law, a
reasoned order shall be passed and
communicated to them. Let this exercise
be completed as early as possible but not
later then eight weeks from date of
receipt of a copy of this order."
During the pendency of the contempt
application, we find that the Commissioner of
Bidhannagar Municipal Corporation has passed an
order on April 22, 2022, the operative portion whereof
reads as follows :-
"Considering the facts and
circumstances of the above matter, it is
found that the petitioner is entitled to
receive the payment for the work
purportedly executed by him as recorded
and certified for payment by the
concerned Engineer of Bidhannagar
Municipal Corporation without any
interest thereof. The Controller of
Finance, Bidhannagar Municipal
Corporation is directed to scrutinize all
the bills and other relevant documents.
It is pertinent to mention here that all
these types of works are done with the
fund received from the Government of
West Bengal through Urban Development
& Municipal Affairs department,
Government of West Bengal. As such,
Joint Municipal Commissioner,
Bidhannagar Municipal Commissioner is
directed to communicate to the
department of Urban Development &
Municipal Affairs Government of West
Bengal for immediate sanction and
placement of fund for making payment to
the petitioner for the works executed by
him."
Learned advocate for the petitioners submits
that although the Commissioner recognized the
entitlement of the petitioners to receive payment for
the work done, the Commissioner did not release such
payment. On the other hand, the Commissioner
directed that funds be obtained from the appropriate
Government department for making payment to the
petitioners.
We have heard learned counsel for the parties.
We are of the view that the order dated December 10,
2019 has been substantially complied with by the
Commissioner of the Municipal Corporation. The
Commissioner has in no uncertain terms recorded in
his order dated April 22, 2022 that the petitioners are
entitled to receive payment for the work executed by
them. The order of the Co-ordinate Bench directed the
authorities not to unduly delay payment if payment is
found to be due. Payment has now been found to be
due. Hence, the concerned authority shall now release
payment to the petitioners without undue delay in
terms of the order of the Division Bench. Needless to
say, if there is undue delay in releasing the dues of the
petitioners, the petitioners will be entitled to approach
the appropriate forum once again with their grievance.
C.P.A.N. 272 of 2022 is, accordingly, disposed
of.
Urgent certified photostat copy of this order, if
applied for, shall be given to the parties as
expeditiously as possible on compliance with all the
necessary formalities.
(Kausik Chanda, J.) (Arijit Banerjee, J.)
