Calcutta High Court (Appellete Side) Sudeb Ghosh & Ors vs The State Of West Bengal & Ors on 18 June, 2025 18.06.2025 Court No.23 DL/Item No.3 [Milan, A.R. (Ct.)] CONSTITUTIONAL WRIT JURISDICTION Appellate Side WPA 4304 of 2024 Sudeb Ghosh & Ors. versus The State of West Bengal & Ors. Ms. Sanghamitra Nandy ....for the Petitioners Mr. Abhishek Banerjee, Ms. Parna Roy Choudhury, Ms. Payel Ghosh ....for the SFDCL Mr. Wasim Ahmed, Mr. Sk. Md. Masud ....for the State The writ petitioners have filed this writ petition for nonpayment of balance bill amount of Rs. 73,56,185/ for work done for the Public Works Department (in short, "PWD"), Bidhannagar as per the work order. The petitioners have already received a sum of Rs. 24,17,980/ out of total amount of bill of Rs. 97,74,165/. It is submitted by the learned Counsel appearing on behalf of the petitioners that a Completion Certificate of the said work was issued on 22nd November, 2022, after full satisfaction of work done by the petitioners. Despite issuance of Completion Certificate in the year 2 2022, no payment has been made by the concerned department. Accordingly, the petitioners were compelled to file the writ petition seeking payment of the balance amount of Rs. 73,56,185/. During pendency of this case, the State as well as the respondent no. 6 prayed for several accommodations so that payment can be made to the petitioners, as there is no dispute regarding the bill amount and work done by the petitioners. The learned counsel appearing on behalf of the respondent no. 6 submits that the respondent no. 6 has already intimated respondent no. 3 to disburse the balance amount of Rs. 73,56,185/ so that payment can be made to the petitioners. However, till date no response has been received. The learned advocate appearing on behalf of the State respondent nos. 1 to 3 also submitted a letter dated 22nd April, 2025 written to the Finance Department stating therein that the State Fisheries Development Corporation Ltd. (in short, "SFDCL") is a lossmaking PSU and depends upon the State Government for funding. Despite such letter, no sanction has been granted till date. From the submission made on behalf of the concerned respondents, it appears to this Court that the Departments are passing the buck to one and another without taking responsibility for the payment of due 3 amount although the work was completed in the year 2022 on an urgent basis in order to address the Electricity demand and ensure the uninterrupted operation of the Nalban Project, SFDC Ltd. It is found from the submission that the Special Secretary, Department of Fisheries, Government of West Bengal is the authority responsible for disbursing the due amount to the respondent no.6, who, in turn, was to transfer the said amount to the PWD for onward payment to the petitioners. There is no dispute by any of the respondents regarding the bill amount or work done by the petitioners. Therefore, there is no any impediment on the part of the respondents to pay the due amount to the writ petitioners. Accordingly, this Court directs the respondent no.3 to pay the entire due amount of Rs. 73, 56,185/ within four weeks from this date along with 8 % interest per annum from the date of completion of work i.e. from 14.11.2019, in default, the interest will be calculated 10% per annum till final disbursement. With the above observations, the writ petition being WPA 4304 of 2024 is, thus, disposed of without any order as to costs. Interim order, if any, be vacated 4 Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.