Calcutta High Court (Appellete Side)
Bharat Sanchar Nigam Ltd. & Anr vs Jadavpur Luniversity & Anr on 25 April, 2014
Author: Arijit Banerjee
Bench: Arijit Banerjee
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25.4.14 W.P. 4306 (W) of 2013
Bharat Sanchar Nigam Ltd. & Anr.
-Versus-
Jadavpur lUniversity & Anr.
Mr. Bhaskar Sen
Mr. Anil Kumar Gupta ...For the petitioners
Mr. Billwadal Bhattacharyya
Mr. Arkaprava Sen ...For the University
The petitioners were constructing an
Administrative and T.E. Building, being a project of BSNL,
Head Quarter, New Delhi. For that purpose the
petitioners approached the respondents to avail of
consultancy services regarding drawings etc. The respondent Authorities asked the petitioners to deposit a sum of Rs. 1,37,280/- as charges for such consultancy services. There is no dispute that the entire amount has been paid by the petitioners to the respondents.
The short grievance of the petitioners is that in spite of full payment being made, consultancy work has not been undertaken by the respondents and structural drawings have not been made available by the respondents to the petitioners. As a result the writ petitioners' project is suffering and construction of the Administrative Building could not be taken up till date. For lack of space, large number of BSNL Offices, are functioning from rented accommodation, costing BSNL huge sums of money.
I have heard the learned Counsel appearing for the parties. I think interest of justice will be sub-served if the representation of the petitioners annexed to the writ petition is considered by the respondent No. 2 and disposed of within a stipulated period of time.
Accordingly I dispose of this writ petition by directing the respondent No. 2 to treat the writ petition as 2 representation of the writ petitioners and to dispose of the same by passing a reasoned order in accordance with law within a period of six weeks from the date of communication of this order to the respondent No. 2 after giving a personal hearing to the Authorized Representative of the writ petitioners.
The respondent Authority, being an Institute of repute, it is expected that the respondents will act fairly and efficiently in the matter and will not withhold the structural drawings unnecessarily without any strong reason.
Since no affidavit has been called for, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.
The writ petition is, thus, disposed of. There will be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the petitioner, on priority basis.
( Arijit Banerjee, J.)