23 03.09.2026 sb Ct.9. IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1936 of 2026 Alok Dey and Company & Anr. Versus The State of West Bengal & Ors. Mr. Sayan Banerjee (VC) Mr. Gopal Roy … For the petitioners. Mr. Abhijit Raha Ms. Manisha Dutta … For the State. 1. Affidavit of service filed in Court is taken on record. 2. The present writ petition has been filed, inter alia, praying for a direction upon the respondents to disburse the outstanding amount of Rs.9,21,782/-, arising out of a work executed by the petitioner under the work order dated 8th February, 2022. 3. The petitioner claims that the petitioner as a contractor participated in a tender process, being NIT DHUPGURI/BDO/NIT-009/2021-22, Sl. No.09 for repair and renovation work of 09 nos. of primary schools for reopening of school at different site under Barogharia Gram Panchayat within Dhupguri Development Block. 4. According to the petitioner, the petitioner having become successful, a work order dated 8th February, 2022 was issued. The petitioner claims that the petitioner had 2 WPA 1936 of 2026 successfully completed the work and had requested for preparation of the final bill. 5. Learned advocate for the petitioner by drawing attention of this Court to the communication dated 27th February, 2026, wrongly recorded therein as 20266, would submit that the Block Development Officer had forwarded a report to the concerned District Magistrate and as per the report, the work entrusted to the petitioner has duly been completed. He still further submits as per the above report though, the total amount of work covered under the work order was Rs.11,22,270/-, the dues of the petitioner was quantified to Rs.9,20,270/-. He submits that the petitioner is entitled to the disbursal of his legitimate dues, which have been held back by the respondents without any cause. 6. The State is represented and has placed before this Court the communication dated 30th August, 2026, issued by the Block Development Officer, Dhupguri, Jalpaiguri, and would submit that the work entrusted to the petitioner has been completed and requisite bill has also been raised. Though, a prayer for release of funds was sent to the District Magistrate vide letter dated 17th February, 2026, the same is yet to be cleared. The respondent no.3 shall clear the pending dues as soon as the funds are received. 7. Having heard the learned advocates appearing for the respective parties, I am of the view that the respondents cannot be permitted to hold back the 3 WPA 1936 of 2026 legitimate entitlement of a contractor after he has executed the work, by claiming that the payment shall be made as and when the same is received. I am of the view when the petitioner has completed the work, the respondents are bound to make payment especially when there is no dispute with regard to the work being executed. 8. Accordingly, this Court directs the State respondents including the Secretary Finance Department, Government of West Bengal, to forthwith ensure that the legitimate dues of the petitioner which have already been quantified, is released at the earliest, but not later than three months from the date of communication of this order. 9. Let a copy of the communication dated 30th August, 2026 as placed before this Court by the learned advocate for the State be taken on record. 10. With the above observations and directions, the writ petition is disposed of. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)