Bijay Kumar Jaiswal vs State Of Jharkhand And Ors. on 5 August, 2004

Jharkhand High Court
Bijay Kumar Jaiswal vs State Of Jharkhand And Ors. on 5 August, 2004
Equivalent citations: 2004 (4) JCR 687 Jhr
Author: R Merathia
Bench: R Merathia


ORDER

R.K. Merathia, J.

1. Heard. Petitioner’s contention is that Bihar State Electricity Board is entitled to realize/receive the certificate amount and not the Jharkhand Stale Electricity Board.

2. It appears that ‘petitioner filed C.W.J.C. No. 3565 of 1999 (R) which was disposed of on 29.5.2001. with an undertaking by the petitioner that he will appear before the Certificate Officer within two weeks and the Certificate Officer was directed to consider and dispose of the petitioner’s objection Under Section 9 of the Public Demand Recovery Act after giving opportunity of hearing to the petitioner. But petitioner did not appear upto 11.7.2001. The Certificate case had to be decided expaste.

3. Final order was passed in the said Certificate Proceeding No. 5 of 1995-96 as far back as on 9.8.2001. Petitioner did not. file any appeal against the said order. The said order has become final. Proceedings for attachment was started. Petitioner claims to have failed an application before the Certificate Officer on 1.7.2004 to drop the case on the ground that in view of the judgment reported in 2004 (1) JLJR 47, Bihar State Electricity Board can realize the amount and not the Jharkhand State Electricity Board.. The Liability to pay the certificate amount has not been denied by the petitioner.

4. Mr. A.K. Jha, learned counsel for Bihar State Electricity Board was called. He fairly submitted that Jharkhand State Electricity Board is entitled to collect/realize the amounts even before 1.4.2001. and the same will be accounted for by the Jharkhand State Electricity Board, while finally settling the accounts between the Boards.

5. In that view of the matter, Jharkliand State Electricity Board is entitled to realize/receive the certificate amount from the petitioner, subject to adjustment if any at the time of settlement of the accounts between the Boards. But petitioner has to pay the same.

6. Accordingly, the Certificate Officer will take all step as per the law to realize the certificate amount along with due interest from the petitioner and pay the same to the Jharkhand State Electricity Board.

7. In the result, this writ application is dismissed with the aforesaid direction.

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