Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 5603 of 2024 With CAN 1 of 2025 Mukherjee Associates versus State of West Bengal & ors. For the petitioners : Mr. Syamantak Banerjee For the respondents : Mr. K. J. Yusuf, ld. AGP Heard on : 05.12.2025. Judgment on : 05.12.2025 Raja Basu Chowdhury, J (Oral): In Re: CAN 1 of 2025 1. An application being CAN 1 of 2025 has been filed for expeditious hearing of the writ petition. Having heard the learned advocates representing the respective parties, I allow the application and by consent of the parties, take up hearing of the writ petition. 2. Accordingly, CAN 1 of 2025 is allowed. In Re: WPA 5603 of 2024 1. The present writ petition has been filed for a direction upon the respondents to disburse the outstanding sum of Rs.32,22,378/-, along with interest at the rate of 18% per annum calculated 2 WPA 5603 of 2024 With CAN 1 of 2025 retrospectively from the respective due dates in favour of the petitioner. The petitioner claims to be an eminent entity specialized in civil construction. The petitioner participated in the tender process bearing No. NIT 01 -2019-20 dated 3rd June, 2020 issued by the Superintending Engineer, West Circle, Municipal Engineering Directorate, Government of West Bengal. A letter of acceptance was issued in favour of the petitioner on 2nd November, 2020 for construction of three storied shelter for urban homeless under the National Urban Livelihood Mission in Mouja-Mankundu, Plot No. 1003, Ward No.18, JL No. 09 within Bhadreswar Municipality, Hooghly. 2. As would appear from the records, the estimated amount put to tender was Rs. 172,93,024/-, the petitioner offered 7.11% below such rate and accordingly the tender amount worked out to Rs.1, 60,63,489.99/-. 3. Records would further reveal that in furtherance thereto, a work order was issued on 12th November, 2020. Though, the construction had progressed and the petitioner claims to have completed such construction, the petitioner is aggrieved by the failure on the part of the respondents to disburse the 6th and the final RA bill. Although, the respondents have not used any affidavit-in-opposition, however, from the materials on record, it would transpire that short comings were indicated by the 3 WPA 5603 of 2024 With CAN 1 of 2025 respondents in relation to execution of work by the petitioner. In fact, by communication in writing dated 4th June, 2021, the petitioner was directed to complete the work within the time schedule. It is also noticed on 11th September, 2022, the petitioner was show-caused, in relation to the execution of the work. The relevant portion of the show-cause is extracted herein below: “Considering the attached self-explanatory note sheet of the Assistant Engineer and Junior Engineer in charge of the work "Construction of SUH Building within Bhadreswar Municipality" it is clearly evident that you are not only giving lame excuse but intentionally and will fully passing the buck in order to hide your mischief. You are hereby directed to submit a copy of site order book with clearly mentioning the date of issuance by the Engineer in Charge where instruction at site is to be given. Qualified technical personal supposed to be present at site to take instruction from EIC or his sub ordinate technical person. Hence in order to assess the technical capability of your representative to understand the instruction given by representative of EIC, you are directed to furnish technical qualifications of the representatives present at site at different dates as mentioned by concerned AE & JE in the attached note sheet. It seems that without qualified technical personal you not only compromising the quality of construction but also jeopardize the time bound priority project of Government. Hence you are hereby directed to show cause why any penal action as per clause 2 of the contract agreement is not taken against you within 3 days from the date of issuance of this memo. Treat it as extremely urgent.” 4. Still later, a further intimation was issued on 27th September, 2022 calling upon the petitioner to take measures to complete the work. Records would reveal that the petitioner had duly responded to the same. Though, there appears to be an attempt to justify the shortcomings, however, there appears to be no denial with regard to 4 WPA 5603 of 2024 With CAN 1 of 2025 failure on the part of the petitioner to execute the job in its entirety. The petitioner has, however, attempted to make out a case that certain non-tendered work required to be executed by the petitioner, made the execution of the work extremely difficult. Subsequently, a further show-cause was issued on 30th May, 2023 calling upon the petitioner to rectify the defects. A list of rectifications necessary was also made over to the petitioner’s representative as would corroborate from the document appearing at page-193 of the writ petition. To morefully appreciate the same, the rectifications which were sought for are extracted below: 5 WPA 5603 of 2024 With CAN 1 of 2025 5. I find from the materials on record that the petitioner has only attempted to justify its failure. It is not the case of the petitioner that the work has been completed to the satisfaction of the respondents. There also appears to be disputed questions of fact involved. Although, the learned advocate for the petitioner would insist that this Court should direct payment of the work already executed by the petitioner, however, having regard to the peculiar facts noted hereinabove, I am of the view, there is no scope to allow the writ petition in exercise of extraordinary writ jurisdiction since this Court is not in a position to embark upon an enquiry leading to factual details as regards the execution of the work. 6. Accordingly, the writ petition fails and is hereby dismissed without any order as to costs. 7. The dismissal of the writ petition shall, however, not stand in the way of the petitioner in enforcing its rights before the appropriate forum in accordance with law if so advised. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.) Sayandeep A.R. (Court)