PARTHA BISWAS Vs. WEST BENGAL HOUSING BOARD

JUDGEMENT

(1.) THE petitioner is seeking a mandamus directing the respondents to pay him Rs. 35,76,703/- with interest @ 12% per annum.

(2.) IN the opposition the respondents have taken a specific plea that with a pure and simple money claim instead of approaching the Civil court the petitioner has approached the Writ Court by taking out this writ petition dated July 16th, 2007. Hence the question has arisen whether the writ petition is maintainable at all.

(3.) BY letters dated March 7th, 2005, April 1st, 2005 and May 20th, 2005 West Bengal Housing Board gave the proprietorship firm of the petitioner release order for the board's commercial "aaj Amar Griho prabesh", and the firm was directed to submit bills for the spots and scrolls accompanied by telecast certificates after completion of the campaign. The petitioner submitted the bills, and after, considering the bills the board paid him Rs. 10,53,584/- out of the billed amount of rs. 42,57,980/ -. When the petitioner demanded payment of the balance of the billed amount, the board informed him that only Rs. 7,49,880/-was due and payable, and he was requested to submit letter of acceptance of that amount as full and final payment of his pending claims. He disputed the position and by legal notice dated August 14th, 2006 called upon the board to pay the billed amount with interest. Since the board declined to pay the amount, he took out the present writ petition.