Extracted from the PDF above. The PDF is authoritative.
14.08.2026 SL No.43 Court No.236 (gc)
WPA 8946 of 2025
Somnath Mitra VS The State of West Bengal & Ors. Mr. Debasish Chattopadhyay,
Mr. Tirthankar Basu …for the Petitioner. Mr. Sachchida Nand Pandey …for the State. 1. The affidavit-of-service filed by the petitioner is taken on record. 2. The petitioner by filing this writ petition has challenged the inaction at the end of the respondents in not releasing the claim in respect of some bills in connection with medicines supplied by him. 3. Mr. Debasish Chattopadhyay, learned Counsel representing the petitioner referred to an order dated 8th September, 2016 passed by a Coordinate Bench in WP 18522(W) of 2015. By the said order dated 8th September, 2016, the said Coordinate Bench of this Court, inter alia, passed the following order:-
“In view thereof, this writ petition need not be kept pending. The same stands disposed of with a direction upon the respondent no.2 to consider and dispose of the representations made by the petition in accordance with law and upon granting him an opportunity of hearing as early as possible
2 but not later than 4(four) weeks from date of receipt of a copy of this order together with a copy of the writ petition. If the petitioner’s claim for the price is rejected, a reasoned order shall be passed. On the contrary, if the petitioner’s claim is accepted, follow up steps, in accordance with law, shall be taken without any delay.”
4. Since no payment was made, the petitioner made a representation dated 14th August, 2023 to the Director of Health Services, Government of West Bengal. 5. Pursuant to such order dated 8th September, 2016, the Joint Director of Health Services (Hospital Administration), Government of West Bengal, considered the issue and by a memo dated 26th May, 2017 informed the Chief Medical Officer of Health, Purulia/Jhargram the following observations:-
“a) The Superintendents of the above mentioned hospitals be instructed to make requisition for allotment of fund from the health directorate. b) The Dy. CMOH-I and Accounts Officer of the concerned district will verify the stock register and other documents before such requisition is placed on the health directorate. c) The requisition, before being forwarded, is to be countersigned by the Chief Medical Officer of Health.”
3
6.
Since no payment was released in terms of the direction contained in the letter dated 26th May, 2017 and in terms of the direction passed by the Coordinate Bench of this Court, the petitioner was compelled to file the instant writ petition. 7. Learned Counsel appearing for the State respondents today handed over a letter dated 31st July, 2026 issued by the Superintendent-in-Charge, Raghunathpur Sub-Divisional Hospital, Purulia. It was submitted that due to shortage of funds, the bills of the petitioner had been withheld and those legitimate dues would be released within a period of three weeks from 31st July, 2026. 8. In view of the above, the respondents are directed to release the dues of the petitioner within two weeks from date. 9. With the aforesaid observation, the writ petition stands disposed of. 10. However, there shall be no order as to costs. 11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities. (Arjun Ray Mukherjee, J.)