AD-50 Ct No.447 25.09.2026 TN WPA 28830 of 2025 Dhansukh Raj Bothra Vs. The State of West Bengal and others Syed Nurul Arefin, Syed Moyeenul Arefin, Mr. Sanju Agarwal ….. for the petitioner Mr. Gautam Lahiri ....for the Municipality 1. Affidavit-of-service filed today be kept on record. 2. Leave is granted to the learned Advocate-on-record for the petitioner to amend the cause title of the writ petition by adding the Administrator of Serampore Municipality as the respondent in the writ petition during the course of the day. 3. The writ petition pertains to a challenge against an order dated October 09, 2025 passed by the Board of Councillors of Serampore Municipality rejecting the claim of the writ petitioner with regard to the supply of materials to the Municipality. 4. It appears from the record that a writ petition was filed being WPA 7421 of 2023 before this Court and by an order dated July 14, 2025, a coordinate Bench of this Court disposed of the writ petition by directing the authorities of Serampore Municipality to consider the representation of the petitioner dated December 2 20, 2022 as the authorities submitted before the said coordinate Bench that they are ready and willing to decide the said representation. 5. It appears from the text of the order under challenge that the supply of materials to the Municipality is not disputed and the authorities have sought to reject the claim of the writ petitioner on the ground that the materials were defective; the writ petition was filed after a delay of four years; and the proprietorship concern is represented by the proprietor himself which is procedurally inappropriate as per law. 6. Since the supply of materials is not disputed and the observation with regard to the representation of the proprietor himself representing the proprietorship concern is in ignorance of law; the question of delay cannot be raised at this stage as the authorities agreed before the coordinate Bench of this Court to decide the representation, the reasons furnished in support of the said order are not sustainable in law. 7. Furthermore, the Board of Councillors of the Municipality cannot clothe themselves as a court of law and cannot dictate the party concerned to approach the competent civil court. Such finding is absolutely uncalled for. 8. For the reasons aforesaid, the order impugned dated October 09, 2025 being Annexure-P8 to the writ petition is quashed and set aside. 3 9. The authorities of the Serampore Municipality shall release the payment as per the claim of the writ petitioner within a period of six weeks from the date of communication of this order. 10. Accordingly, WPA 28830 of 2025 is disposed of. 11. There will be no order as to costs. 12. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sandip Kumar De, J.)