Sri Dipak Chandra Kar v. The State of Tripura and 2 Others
WP(C)/481/2025 · 2025-08-28
T Amarnath Goud
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 1290 (TRI) · dailylaw.ai ]
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[ 2025 DAILYLAW 1290 (TRI) · dailylaw.ai ]
Judgment text
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HIGH COURT OF TRIPURA AGARTALA
WP(C) 481 of 2025
Sri Dipak Chandra Kar, S/O: Lt. Makhan Lal Kar, R/O. Shibnagar, College Road extension, PO College Tilla, PS East Agartala, Dist: West Tripura, PIN: 799004, aged about 70 years. …………PETITIONER
VERSUS
1. The State of Tripura, Represented by its Secretary, Public Works Department (R&B), Govt. of Tripura, P.O Secretariat, P.S: New Capital Complex, Dist West Tripura, PIN: 799010. 2. The Chief Engineer, Public Works Department (R&B) Govt. of Tripura, P.O: Secretariat, P.S: New Capital Complex, Dist: West Tripura, PIN: 799010. 3. The Executive Engineer, Public Works Department (PMGSY) Division No. 1, P.O: Kunjaban, P.S. New Capital Complex, Dist: West Tripura, PIN: 799010. ..........RESPONDENTS
For the Petitioner(s)
: Mr. Arijit Bhaumik, Advocate
Mr. Swarupam Saha, Advocate
Mr. Uday Das, Advocate
Ms. Ispa Chakma, Advocate
Mr. Prasun Bhattacharjee, Advocate
For the Respondent(s)
: Mr. Kohinoor N. Bhattacharya, G.A.
Mr. M. Debbarma, Addl. G.A.
Mr. D. Sarma, Addl. G.A.
BEFORE HON’BLE JUSTICE DR. T. AMARNATH GOUD O R D E R 28.08.2025 [1]
Heard learned counsel appearing for the respective parties. [2]
This present writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs:
“i. Issue notice upon the Respondents. ii. Call for the records. iii. Issue Rule calling upon the Respondents to show cause as to why the Respondents shall not be mandated by a writ of Mandamus or any other appropriate writ to release the amount of Rs. Rs. 55, 88, 849 (Fifty Five Lakhs Eighty Eight Thousands Eight Hundred Forty Nine) illegally withheld by the Respondents towards the 5th R.A Bill raised by the Petitioner for upgradation of road from NH-08 near South Hadrai G.P Office to Icharbil High School (Package No. T R-07-02P3) length 8.994 KM. under Teliamura Block with 9% interest per annum from the date the same became payable till date of actual payment. AND Issue Rule Calling upon the Respondents to show cause as to why the action of the Respondents in withholding a sum of Rs. Rs. 55, 88, 849 (Fifty Five lakh Eighty Eight Thousands Forty Nine) from the 5th R.A Bill of the Petitioner for the work of upgradation of road from NH-08 near South Hadrai G.P Office to Icharbil High school (package No. T R-07-02P3) length 8.994 km.
under Teliamura Block shall not be held to be illegal and further as to why the said amount shall not be released in favour of the Petitioner in terms of the prayer above. iv. And after hearing the parties be pleased to make the rule absolute. AND/OR Pass any other order/orders as deemed fit and proper……………..”
[3]
It is the case of the petitioner that the petitioner rendered services under the respondents and a contractual amount was partly released and remaining was not paid to which the petitioner has represented the matter through his legal notice dated 07.07.2025 to the respondents and the same is pending. [4]
Since the respondents have not decided the matter the present writ petition is filed. [5] In view of the pendency of the representation dated 07.07.2025 before the respondent(s), without expressing any opinion on merits of the case, this Court feels that ends of justice would be met if the concerned legal notice dated 7.7.2025 is considered by the respondents in accordance with law. Page 3 of 3
[6]
Accordingly, the writ petition is disposed of directing the concerned respondent(s) to take a decision on legal notice 07.07.2025 and communicate the same by way of speaking order. The said exercise shall be completed within a period of 2 months from the date of receipt of the copy of the order . [7] With the above observation and direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed. DR. T.AMARNATH GOUD,J
Paritosh
SABYASA CHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.08.28 14:04:24 +05'30'