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Calcutta High Court · body

2026 DAILYLAW 34588 (CAL)

SANKAR KUMAR DAS v. THE STATE OF WEST BENGAL AND ORS

WPA/84/2026 · 2026-08-13

Aniruddha Roy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 WPA 84 of 2026 A.Roy, J. Form J(2) Sl.No.39 Sc In the High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy WPA 84 OF 2026 Sankar Kumar Das Vs. The State of West Bengal & Ors. For the petitioner : Mr. Debopriyo Karan, Adv. (VC) Mr. Sankhasuvra Roy, Adv. Mr. Avimannu Das, Adv. For the Respondents State : Ms. Supriya Singh, Jr. Govt. Pleader Mr. Samar Rakshit, Adv. For the Respondent Municipality: Mr. Pretom Das, Adv. (VC) Mr. Sandip Guha Roy, Adv. Mr. Abhisek Sen. Heard on : August 13, 2026 Judgment on : August 13, 2026 [In Court] Aniruddha Roy, J. : 1. Mr. Debopriyo Karan, learned Advocate (VC) appears for the petitioner. 2. Ms. Supriya Singh, learned Junior Government Pleader appears for the State. 2 WPA 84 of 2026 A.Roy, J. 3. None appears for the respondent no.3, despite notice. 4. The petitioner has worked for the Mal Municipality under a particular tender process to carry out certain construction work. The total tendered amount was Rs.37,85,752/- as would be evident from page 19 of the writ petition. Part payment has been made for a sum of Rs.23,36,955/- as would be evident from page 34 to the writ petition. The balance claim now the petitioner claims is Rs.10,99,596/-. 5. Today, Mr. Pretom Das, learned Advocate (VC) appearing for the Mal Municipality with Mr. Sandip Guha Roy, learned Advocate submits a status report issued by the Chairman of the Municipality dated February 12, 2026 admitting a sum of Rs.10,99,596/- is still due and payable to the petitioner. The report is taken on record. Copy has been served upon Mr. Avimannu Das, learned Advocate appearing for the petitioner led by Mr. Debopriyo Karan, learned Advocate (VC). 6. In view of the above, the petitioner shall forthwith communicate a copy of today’s order to the Principal Secretary, Department of Urban Development and Municipal Affairs, respondent no.4 and also upon the Principal Accountant General (A & E), Treasury building, Kolkata – 700001. 7. Since the report dated February 12, 2026 shows an unequivocal and unconditional admission of payability towards the petitioner for a sum of Rs.10,99,596/-, the respondent no. 4 shall have to pay the same 3 WPA 84 of 2026 A.Roy, J. by crediting the bank account of the petitioner through electronic mode. 8. In the event, fund is required to be sanctioned, the respondent no. 4 shall communicate to such an appropriate authority for sanctioning of fund but positively within one week from the date of communication of this order and such an appropriate authority shall then sanction the fund and transmit the fund in favour of the respondent no. 3 positively within three weeks from the date of receiving communication from the respondent no.4. 9. The respondent no.4 then shall pay the petitioner positively within a week from the date of receiving fund from such authority. 10. In the event, fund is there in the account of the respondent no.3, the respondent no.4 shall forthwith disburse the payment in favour of the petitioner within two weeks from the date of communication of this order. 11. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. 12. However, if on scrutiny of record it appears that, the amount has already been paid to the petitioner, the same shall be communicated to the petitioner in writing with supportive materials and there shall be no requirement of any further payment. 13. With the above observations and directions the writ petition, WPA 84 of 2026 stands disposed of without any order as to costs. 4 WPA 84 of 2026 A.Roy, J. 14. Parties shall act on the server copy of this order duly obtained from the official website of this Court. 15. Photostat certified of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)