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2026 DAILYLAW 43302 (CAL)

MOULANA ABDUL HAMEED MEMORIAL RURAL DEV. CHARITABLE INSTITUTE v. STATE OF WEST BENGAL AND ORS.

WPA/26483/2026 · 2026-09-25

Suvra Ghosh

body2026

Judgment text

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54 2255..0099..22002266 Ct. No.15 b.das WPA 26483 of 2026 Moulana Abdul Hameed Memorial Dev Charitable Institution Vs. The State of W.B. & Ors. Mr. Shuvro Prokash Lahiri Md. Habibur Rahman …for the petitioner. Mr. Nilanjan Bhattacharya Ms. Mary Datta Mr. Joy Ranjan Dhar …for the State. Affidavit of service filed by the petitioner is taken on record. Pursuant to a work order issued by the Executive Officer, Gazole Panchayat Samiti on 30th December, 2014 for construction of Individual Household Latrines under Swachh Bharat Mission Programme, the petitioner completed the work successfully and was granted completion certificate by the Executive Officer accordingly. The petitioner raised bills for the same out of which Rs.85,50,000/- is still due. The petitioner submitted several representations before the concerned authorities for clearance of the dues but to no effect. The petitioner seeks disbursal of the due amount. Learned counsel for the State submits that the payment is withheld due to paucity of fund. In view of the fact that the petitioner has completed the work successfully and has been granted a completion 2 certificate by the concerned authority, the District Magistrate, Malda and Ex-Officio Executive Officer of the Zilla Parishad, being the 3rd respondent herein, is directed to provide the required fund for clearance of the dues of the petitioner to the Block Development Officer, Gazole Block and Ex-officio Executive Officer, Gazole Panchayat Samiti, being the 9th respondent herein, within eight weeks from the date of communication of this order. The 9th respondent shall disburse the same in favour of the petitioner within two weeks from the date of receipt thereof subject to the petitioner complying with all requisite formalities. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)