Debasish Kar Gupta, J. - (1.) This writ petition is filed by the petitioner for issuing a writ in the nature of mandamus against the Murshidabad Municipality for releasing his payment due and payable to the petitioner for completion of the work of improvement of road by cement concrete with guard wall and toilet/latrine in the area lying and situated within the respondent Municipality.
(2.) The bills raised by the petitioner in this respect have been duly certified by the Sub-Assistant Engineer of the respondent Municipality. Those bills have been annexed to this writ petition being Annexure - P/2 at pages 26 to 29 to this writ petition.
(3.) The amount which is due and payable to the petitioner has not been disputed by the learned Advocate appearing on behalf of the respondent Municipality. It is submitted by him that the payment could not be made in favour of the petitioner due to shortage of funds. It is also submitted by him that by a communication issued under Memo No. 714/M.M. dated June 20, 2017, the respondent No. 5 wrote a letter to the State Government to provide funds for payment of the above dues. According to him, the State Government asked for furnishing hard copies of the relevant documents for consideration of the above prayer.;