Extracted from the PDF above. The PDF is authoritative.
14.01.2025
Ct. No. 30
S.L No. 40
SM WPA 21969 of 2019 With CAN 3 of 2024 Surendra Prasad Vs State of West Bengal & Ors.
Mr. S.P. Pahari
…..for the petitioner
Mr. Arindam Chattopadhyay
Ms. Lipika Chatterjee
…..for the State
Mr. Ayan Banerjee
Mr. Dhiman Banerjee
……for the Champdani Municipality
Learned counsel appearing for the petitioner and the Municipality are heard.
The present writ application has been preferred praying for dues for the work done by the petitioner on behalf of the Champdani Municipality in this case.
Learned counsel appearing for the Municipality submits that the petitioner is not entitled to the said amount as there is no outstanding dues and this is a money dispute relating to dues the same should be subject matter of a Civil Court.
Admittedly the claim is against a statutory body being the Municipality herein.
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Learned counsel for the Municipality further submits that the petitioner’s claim is barred by limitation and also by the principle of res judicata.
Considering the said facts and in the interest of justice, the writ application is disposed of with the direction that the respondent/Municipality authorities shall consider the representation of the petitioner dated 2nd September, 2019 (in case the copy of the representation is not available with the respondent/Municipality, a copy of the said representation be filed with the respondent authority by the petitioner within 15 days from the date of this
order) and dispose of the said representation in accordance with law. On hearing all the stakeholders, within 60 days from the date of filing of the application.
The outcome of the said hearing shall be informed to the petitioner herein.
Writ application stands disposed of.
Applications, if any, connected thereto stand
disposed of consequently.
Interim order, if any, stands vacated.
Let a copy of this order be sent to the Trial Court at once.
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Photostat certified copy of this order, if applied for, being given to the parties on priority basis upon compliance of all formalities.
[Shampa Dutt (Paul). J]