IMRAN ENTERPRISE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. Sarajit Sen, learned counsel for the petitioners; Mr. Arindam Chattopadhyay, learned counsel for the respondent State and Mr. Tapas Kr. Mondal, learned counsel for the respondent Zilla Parishad.

(2.) This writ petition has been filed by the petitioners for issuance of a writ of mandamus directing the respondents to pay the petitioners the amount due under the final bills (Annexure-P/2) as prepared by the respondent authority with interest at the prevailing bank rate till the actual payment is made.

(3.) The case of the petitioners is that on 7/12/2009 two work orders, namely RIDF-XIII under Scheme 209-10 AWC under GP Bodhakhali Khatian No.369, land area 3 Satak under Block Namkhana, AWC No.11, S.L.No.13 two construction of ICD Centre at different location in different blocks of south 24-Parganas District under RIDF-XIII, Scheme 2009-10, AWC under G.P. Narayanpur, Mouza - Narayanpur, J.L.No.47, Dag No.02, Khatian No.02, land area 3 Satak under Block Namkhana were issued in favour of the petitioners. The petitioners have satisfactorily completed the works on 5/10/2010 and 15.10.2020respectively. On 15/10/2010, a joint measurement of the works were done and recorded in the measurement books and the respondent Engineer has also prepared two separate final bills for those two works. Despite the Assistant Engineer signed those two final bills and despite the request made by the petitioners, the respondent authorities have failed to pay the bill amounts. In this regard, on 10/8/2018, the petitioners have sent a lawyer notice requesting the respondents to pay those two final bills. Despite the receipt of the lawyer notice, the respondents have not settled the amount. Hence, the writ petition.