Mizanur Rahaman vs The State Of West Bengal & Ors
2023 Latest Caselaw 3133 Cal

 02.05.2023
Sl. No.6(DL)
    srm
                                W.P.A. No. 17139 of 2022

                                   Mizanur Rahaman

                                           Vs.

                            The State of West Bengal & Ors.



                     Mrs. Susmita Saha Dutta,
                     Mr. Niladri Saha,
                     Ms. Madhurima Basu
                                                        ....for the Petitioner.

                     Mr. Bibek Jyoti Basu,
                     Mr. Uttam Kumar De,
                     Ms. Ankita Mukherjee
                                                 ...for the State-respondents.

Despite service, none appears on behalf of the

panchayat authorities. Affidavit-of-service is taken on

record.

The petitioner submits that a work order had been

issued in favour of the petitioner on February 26, 2018 for

supply of materials for installation of tube wells to various

Sansads of Sirshi Gram Panchayat, Dakshin Dinajpur. The

project was under the 14th Finance Commission.

Reliance has been placed on the final bills submitted

before the panchayat authorities. Some documents have

been annexed to indicate that materials were supplied. The

documents bare the seal and signature of the erstwhile

Pradhan of Sirshi Gram Panchayat. The petitioner submits

that as a criminal proceeding had been pending against the

erstwhile Pradhan at the relevant point of time, the

payments were not released. Records of the Court and a

judgment have been annexed, from which it appears that

the Pradhan was acquitted from the charges, subsequently.

The issue is whether the petitioner is entitled to be

paid the amount claimed by the petitioner for the materials

which had been supplied to the gram panchayat.

There is no dispute that the work order had been

issued in favour of the petitioner. Certain documents have

been annexed which indicate that some materials had been

supplied to the gram panchayat. Whether all the materials

as per the work order had been supplied by the petitioner

or not, cannot be decided by this Court. The question of

payment of final bill would only arise when the petitioner

satisfies the authority that the materials in terms of the

work order had been supplied, upon maintaining the

specifications therein.

Under such circumstances, the writ petition is

disposed of with a direction upon the Pradhan of Sirshi

Gram Panchayat, Dakshin Dinajpur, to look into the matter

and dispose of the representation of the petitioner dated

November 16, 2018, in accordance with law. The petitioner

will be allowed to appear at a hearing to be held by the

gram panchayat. Necessary documents in support of the

claim, shall be produced. The gram panchayat authorities

shall take a decision and a reasoned order shall be passed,

in accordance with law.

If the petitioner is found eligible for payment of

Rs.6,94,662/-, as claimed, necessary orders shall be passed

and disbursement shall be made. If the petitioner is found

ineligible for the entire amount or part of the amount,

reasons shall be assigned in the order to be passed by the

gram panchayat.

The entire exercise shall be completed within a

period of three months from the date of communication of

this order.

The Court has not gone into the merits of the claims

of the petitioner.

A copy of the writ petition, along with a server

copy of this order be served upon the Secretary, Sirshi

Gram Panchayat, Dakshin Dinajpur.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of

this order.

(Shampa Sarkar, J.)