Calcutta High Court
WPA/1469/2026 of M/S JAGDISH CHHETRI AND ANR Vs THE STATE OF WEST BENGAL AND ORS on 19 August 2026
of 2026 A.Roy, J. Form J(2) Sl.No.40 Sc In the High Court at Calcutta In the Circuit Bench
A.Roy, J.
Form J(2)
Sl.No.40
Sc
In the High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
WPA 1469 OF 2026
M/S Jagdish Chhetri & Anr.
Vs.
The State of West Bengal & Ors.
For the petitioners
:
Mr. Sayan Banerjee, Adv. (VC)
Mr. Gopal Roy, Adv.
For the Respondent State
:
Mr. Kunaljit Bhattacharjee, Ld. AGP
Ms. Esha Acharya, Adv.
Heard on
:
August 19, 2026
Judgment on
:
August 19, 2026
[In Court]
Aniruddha Roy, J. :
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1. Affidavit-of-service, filed in Court today, is taken on record.
2. Mr. Sayan Banerjee, learned advocate (VC) appears for the petitioner.
3. Mr. Kunaljit Bhattacharjee, learned Additional Government Pleader with Ms. Esha Acharya, learned State Advocate appears for the State.
4. Petitioners contend that, part payment has been made. The balance outstanding has not been paid.
A.Roy, J.
5. Mr. Kunaljit Bhattacharjee, learned Additional Government Pleader submits that, the Work Completion Certificate and other relevant documents, required to show that the work has been completed satisfactorily, are not produced before this Court.
6. Learned Advocate for the petitioners submits that, all such relevant records are lying with the State authority.
7. In view of the above following directions are made:
a) The petitioners shall serve a copy of this writ petition along with a copy of today’s order upon the respondent no.4 forthwith;
b) The respondent no.4 thereafter upon issuing a prior hearing notice of at least seven days to the petitioners and after granting them an opportunity of hearing shall decide the issue in the light of the case made out in the writ petition and on the basis of the available records by passing a reasoned order in accordance with law positively within a period of six weeks from the date of communication of this order;
c) The reasoned order then shall be communicated to the petitioners within two weeks from the date of the said reasoned order to be passed.
d) In the event, the reasoned order goes in favour of the petitioners and it is found that, the petitioners are eligible to receive any amount, such sum shall be paid to the petitioners along with interest @ 3% per annum from the date of its eligibility as to be
A.Roy, J.
decided by the authority in accordance with law till the amount is actually tendered by crediting the bank accounts of the petitioners through electronic mode by the respondent no.4 and/or any other appropriate State authority but positively within six weeks from the date of the said reasoned order to be passed.
8. It is made clear that, this court has not expressed any opinion on the merits of the claim of the petitioners.
9. It is also made clear that, this order shall not create any right or equity in favour of the petitioners if the petitioners are not found eligible to receive any claim or part of it strictly in accordance with law.
10. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
11. With the above observations and directions the writ petition, WPA 1469 of 2026 stands disposed of , without any order as to costs.
12. Parties shall act on the server copy of this order duly obtained from the official website of this Court.
13. Photostat certified of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)