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2025 DAILYLAW 17850 (CAL)

CHAMPDANI MUNICIPALITY AND ANR v. SURENDRA PRASAD AND ANR

FMA/646/2025 · 2025-09-22

Ajay Kumar Gupta, Rajasekhar Mantha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.09.2025. Court No. 13 Sl. No. 41 pk MAT 646 of 2025 I.A. No. CAN 1 of 2025 The Champdani Municipality and another Versus Surendra Prasad and another Mr. Ayan Banerjee, Mr. Dhiman Banerjee ...for the Appellants. Ms. S. P. Pahari ..for the respondent/writ petitioner. 1. Affidavit of service filed in Court is taken on record. 2. The instant appeal is directed against an order dated 14.01.2025 whereby and under the Single Bench of this Court directed the representation of the petitioner dated 2nd September, 2019 to be considered and disposed of by the Champdani Municipality. 3. It appears that the writ petitioner/respondent claims to have worked as contractor for the Municipality and had raised bills between the year 2008 and 2013. His last bill raised on the Municipality was dated 07.02.2013 as evident from the paragraph 4 of the writ petition, which is annexed to the stay application. 2 4. Admittedly, similar prayer of the writ petitioner for payment of bills up to the year 2010 was rejected by a Single Bench of this Court on 9th July, 2014 in WP 17750(W) of 2014. 5. Be that as it may, if the last bill of the writ petitioner/respondent was dated 07.02.2013, the same is hopelessly barred by limitation as on 2019 when the writ petition was filed. The Single Bench could not have directed the Municipality to consider a claim barred by limitation. The same would lead to unnecessary complications and multiplicity of the proceedings apart from reviving a time barred claim. 6. The aforesaid is found by this Court only assuming for the sake of argument that the bills submitted by the writ petitioner to the Municipality are crystallized amounts and undisputed. The same is not the case. The Municipality denies and disputes the quantum of bills raised. The said issue is no longer germane since the claim of the writ petitioner itself is hopelessly time barred. 7. In that view of the matter, the impugned order dated 14.01.2025 shall stand set aside. The writ petition shall stand dismissed. 8. Hence, FMA 646 of 2025 is disposed of. Consequently, connected pending application is also disposed of. 3 9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)