01.09.2026 Court No. 12 Item No.38 Sandip FMA 707 of 2026 With CAN 1 of 2026 Uttar Dinajpur Zilla Parishad & Ors. Vs. Aloke Kumar Roy & Ors. Mr. Rezaul Hossain, Mr. Parve Hossain Amin …for the Appellants. Mr. Billwadal Bhattacharyya, Ld. AAG, Mr. Suryaneel Das, Mr. Tamoghna Pramanick …for the State. 1. This appeal has been preferred against an order dated March 10, 2026, passed in W.P.A. 6814 of 2024. 2. By the order impugned, the learned single Judge directed the Zilla Parishad to implement the order dated May 4, 2021, positively within a period of three months from the date of the order. 3. It appears from the records that the Additional Executive Officer, Uttar Dinajpur Zilla Parishad passed an order on May 4, 2021, upon considering the records and issues in question, The relevant portion of the order is quoted below:- “Considering the submission of the petitioner and perusal of records, I come to the conclusion that the actual amount due to the petitioner as per agreement and work-order issued to him stands at Rs. 59,67,314/ only. Since there is no document of assurance from any Govt departments as of now, for taking up the schemes in near future, this due amount shall be paid from the own fund revenue of the Uttar Dinajpur Zilla Parishad. However, as the status of own fund of this office not at all substantial, there is no scope to pay the amount as aforesaid to the petitioner immediately but shall be paid over a period of time not extending beyond two years from the date of order in installments. District Engineer, UDZP shall take step for submission of the four no of schemes as detailed, to relevant govt departments again immediately. If financial approval is received for the four no of schemes in future, the cost of DPR from it shall be deducted for reimbursement to the Own fund account of this office as well as payment of remaining 25% of bill amount to the petitioner.” 4. It is to be noted that the order dated May 4, 2021, was passed pursuant to an order dated March 9, 2021 passed by the High Court in W.P.A. 4878 of 2021. 5. Since nothing fruitful happened, the writ petitioners/respondents filed W.P.A. 6814 of 2024 seeking, inter alia, implementation of the order dated May 4, 2021. A single Bench of this Court, by an order dated February 18, 2026, observed that, it was an admitted position that the Zilla Parishad owed a sum of Rs. 59,67,314/- to the petitioner. 6. Learned counsel appearing for the Zilla Parishad was directed to take instructions in this regard. The said writ petition finally came up for consideration before the learned single Judge and by an order dated March 10, 2026, the learned single Judge directed the Zilla Parishad to implement the order dated May 4, 2021, 2 passed by the Additional District Engineer, Uttar Dinajpur Zilla Parishad. 7. Learned counsel for the appellants refers to a report affirmed on December 9, 2024, by the District Engineer, Uttar Dinajpur Zilla Parishad. He places reliance on a letter dated December 3, 2024, issued by the Additional Executive Officer, Uttar Dinajpur Zilla Parishad, which reads as follows :- “Further, this is to inform you that while processing your claims and during the scrutiny of the documents, this office has found certain discrepancies in the DPRs submitted which are annexed (Annexure I). Accordingly the calculation of claim to be paid is also mentioned. It is to further inform that as per the available records, the work “Construction of RCC bore pile Bridge over river Kulik at Kholshi Ghat on 3rd K.M. of Bowgram of Sherpur Road under Kholshi GP II, in P.S. Raiganj, District Uttar Dinajpur” has been taken up by WBSRDA, Uttar Dijajpur division from CAPEX and accordingly the letter has been issued to the Executive Engineer, WBSRDA vide memo No. 1268/UDZP dated 15/03/2024 and 840/Estt/UDZP dated 05.08.2024 and the Executive Engineer, WBSRDA has further communicated it to the department vide memo no. 1080/WNSRDA/UDD/23-24 dated 18/03/2024 for providing fund. This is to further inform that more than Rs. 60 lakhs have been paid in total till date which includes more than Rs. 18 lakhs paid after the direction of Hon’ble High Court, Calcutta under W.P.A. 4879 of 2021 (Annexure II). Remaining claim shall be 3 processed only after due checking. However, in this regard, you are requested to provide your stand regarding the discrepancies as annexed with this letter.” 8. Mr. Billwadal Bhattacharyya, learned Additional Advocate General for the State of West Bengal submits that a substantial amount was released in favour of the respondents. He submits that the office of the Zilla Parishad found certain discrepancies in respect of the DPR submitted by the respondents and therefore the calculation of the claim was required to be redone. 9. We have heard the parties. 10. The order dated May 4, 2021, was passed by the Additional Executive Officer, Uttar Dinajpur Zilla Parishad, upon considering all the records and documents including the bills submitted by the respondents. The said order has neither been cancelled nor modified by any of the officers of the Zilla Parishad, and as such, the directions contained in the order dated May 4, 2021 have attained finality and are binding upon the parties. 11. The plea that the Zilla Parishad does not have adequate fund, cannot be a ground to deprive a citizen of his legitimate claim. The submissions made by the learned counsel appearing for the appellants are wholly misconceived. The report filed by the District Engineer, Uttar Dinajpur Zilla Parishad, cannot be the basis to disregard the order passed by the Additional Executive Officer dated May 4, 2021. Zilla Parishad is not permitted to change its stand, at a subsequent stage. The 4 scope of the dispute cannot be enlarged by raising issues with regard to discrepancies in the DPR. The issues cannot be reopened. 12. We do not find any infirmity in the order passed by the learned single Judge. In view of the above, the appeal and the connected application are liable to be dismissed and the same stand dismissed. 13. The appellants are directed to release all the dues payable to the respondents, as directed by the learned single Judge, positively within a period of three months from the date of communication of this order. 14. It is well settled that, an authority cannot challenge its own order. 15. It is also important to note that, in compliance of the order of the Additional Executive Officer, the Zilla Parishad had paid a further sum to the respondents and as on date Rs. 41,06,842/- is payable. Thus, the Zilla Parishad cannot turn around and question the validity of the said order at a subsequent stage, after having acted upon the same. 16. There shall be no order as to costs. 17. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Shampa Sarkar, J.) (Arjun Ray Mukherjee, J.) 5