Writ Court Is Empowered To Direct Article 12 Authority To Release Admitted Dues For Work Done To Satisfaction Of Authority: Calcutta High Court
The Calcutta High Court bench of Justice Aniruddha Roy has held that once a Work Order is issued and the work is completed to the satisfaction of an authority falling under Article 12 of the Constitution of India, it becomes mandatory for the authority to release the payment. Failing this, the Court, in exercise of its jurisdiction under Article 227 of the Constitution, can direct...
The Calcutta High Court bench of Justice Aniruddha Roy has held that once a Work Order is issued and the work is completed to the satisfaction of an authority falling under Article 12 of the Constitution of India, it becomes mandatory for the authority to release the payment. Failing this, the Court, in exercise of its jurisdiction under Article 227 of the Constitution, can direct the authority to release the amount to prevent a breach of the petitioner's rights.
The Petitioner was awarded a Work Order which was completed to the satisfaction of the Municipality as evidenced by the completion certificates. Despite raising no objections to the work, only a partial payment has been made leaving a balance claim of Rs. 22,90,039/-.
The State submitted that funds are not sanctioned project-wise but in bulk against a particular municipality. Since further Government approval has not been received, funds could not be released.
The court observed that once the work was completed to the satisfaction of the Authority, it was bound to release the amount. The part payment made in 2018 constitutes an acknowledgement of debt and liability and the requests made to the respondent to release the remaining balance further affirms the admitted dues. Therefore, neither the State nor the Municipality can deny payment of the remaining amount.
It further held that since admitted debt is due to the petitioner, withholding it without due process of law violates constitutional rights. When Article 12 authority fails to discharge its obligations, the Court under Article 227 of the Indian Constitution is empowered to compel such an authority to perform its obligations so as to prevent breach of the petitioner's rights.
Accordingly, the petition was disposed of.
Case Title: Amjad Hossain Vs. The State of West Bengal & Ors.
Case Number: WPA 1746 OF 2025
Judgment Date: 03/09/2025