S/L 4 13.08.2026 Court. No. 25 suvayan WPA 13013 of 2026 M/s Jan Mahammad Vs. State of West Bengal & Ors. Mr. Farhan Ghaffar Mr. Md. Arshad Alam Mr. Z. Jilani …for the petitioner. Mr. Sailendra Kumar Tiwari Ms. Aparajita Mitra …for the State. 1. The affidavit-of-service filed by the petitioner be kept with the record. 2. The petitioner has filed the present writ application being aggrieved and dissatisfied with the part of the order dated March 18, 2026 wherein on the request of the petitioner, the authorities have cancelled the work order of the petitioner dated November 19, 2025 with immediate effect, but the authorities have also forfeited the earnest money and as such the petitioner has made a request to the respondent authorities not to forfeit the earnest money. The contention of the petitioner is that in the work order there is no condition that the payment will be made as per the availability of the fund under the particular HOA as per the provisions in this regard in the agreement form (WBF 2911) subject to availability of fund. 3. He submits that the authorities have incorporated a new condition in the work order which was not in the tender notice and as such the petitioner is aggrieved with the said terms and conditions and requested for cancellation 2 of the work order issued to the petitioner. Though the authorities have cancelled the work order of the petitioner but have also forfeited the earnest money. 4. Learned counsel for the petitioner submits that the petitioner has made a request to the authorities on March 19, 2026 for consideration of the request of the petitioner for not to forfeit the earnest money deposit by cancelling the work order but the authorities have not considered the same. 5. Learned counsel for petitioner further submits that the petitioner will be satisfied if this Court direct the authority for consideration of the representation of the petitioner dated March 19, 2026 followed by the legal notice dated April 4, 2026 as early as possible. 6. Learned counsel for the respondent authorities submits that if this Court will dispose of the writ application by directing the respondent authorities for consideration of the representation filed by the petitioner dated March 19, 2026, sufficient time may be provided so that the authorities will take appropriate steps in accordance with law. 7. Heard the learned for the respective parties perused the materials on record. 8. This Court finds that the petitioner has made a representation to the authorities on March 19, 2026 followed by the legal notice dated April 4, 2026 with the request for not to forfeit the EMD but that has not been considered by the authorities. 9. In view of the above, the Executive Engineer, Murshidabad Division, the respondent no. 2 is directed to 3 consider the representation dated March 19, 2026 followed by the legal notice dated April 4, 2026 within a period of four weeks from the date of receipt of this order and to pass a reasoned and speaking order by giving an opportunity of personal hearing to the petitioner and communicate the same to the petitioner within a week thereafter. 10. WPA 13013 of 2026 is disposed of. 11. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)