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2026 DAILYLAW 36553 (CAL)

ADITYA ENTERPRISE AND ANR. v. THE HOWRAH MUNICIPAL CORPORATION AND ORS.

WPA/2283/2026 · 2026-08-27

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.08.2026 Ct. 3 Item No. AD 02 sayandeep WPA 2283 of 2026 Aditya Enterprise & Anr. Versus The Howrah Municipal Corporation & Ors. Ms. Sanghamitra Nandy …For the petitioners Ms. Sonal Sinha Mr. Ankit Sureka …For the Howrah Municipal Corporation 1. The instant writ petition has been filed, inter alia, praying for the direction upon the HMC to refund the security deposit and earnest money arising out of execution of the work order dated 8th November, 2021 pertaining to improvement of “F” Road from the holding No. P-58, Benaras Road, Ward No. VIII, to holding No. 76/19, “F” Road in ward No. VIII under HMC. 2. It is the petitioners’ case that though the petitioners had executed the work to the satisfaction of the municipal authorities, the petitioners have despite request not been favoured with the earnest money and security deposit. 3. In the peculiar facts, this Court had by order dated 12th August, 2026 directed the municipality filed a report by way of affidavit on or before the matter is taken up next. Pursuant to the aforesaid direction, the municipality has filed a report in the form of an affidavit affirmed on 21st August, 2026. In the said report dated 28th August, 2026, it has been claimed that the bill in respect of the work in question was prepared by the conservancy department and sent to the accounts department for release of the earnest money on 27th November, 2024. The account department returned back the bill stating that the bank account of the agency was not found against the said amount. It is further noted that further fund claim through e-filing vide No. 2 WPA 2283 of 2026 Comp No. 1500272 dated 04th August, 2026 had been sent to Accounts Department for release of the said E.M.D. 4. Mr. Sureka, learned advocate for the HMC submits that if the petitioner approaches the concerned accounts department, the legal entitlement of the petitioners shall be disbursed. 5. Having regard to the aforesaid disclosure, I am of the view that the present writ petition can be disposed of by taking the report filed by the municipality in the form of an affidavit on record and by permitting the petitioners to approach the municipality so that the legal entitlement of the petitioners can be disbursed in accordance with law. 6. It is expected that the municipal authorities shall disburse the legal entitlement of the petitioners as aforesaid within a period of six weeks from the date of communication of this order. 7. The writ petition is disposed of. (Raja Basu Chowdhury, J.)