IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12265 of 2005
Narain Pd.Sarogi, son of late Gajanand Sarogi, resident of Kudra,
P.S. Kudra, District Kaimur (Bihar), Propriretor Firm M/s Hanuman
Jee Roller and Floor Mill Con. No. H.T. 3.
... Petitioner
Versus
1. The State Of Bihar represented through Chief Secretary to the
Government, Old Secretariat Building, Patna
2. The Bihar State Electricity Board Vidyut Bhawan, Bailey Road,
Patna represented through its Chairman
3. General Manager-cum-Chief Engineer, Central Bihar Area
Electricity Board, Surpentine Road, Patna
4. Electrical Executive Engineer-cum-Commercial and Revenue
Officer, Electricity Supply Circle, Mohania at Rohtas
(Sasaram), Bihar State Electricity Board, Patna
5. Superintending Engineer, Electricity Supply Division, Sasaram
(Rohtas, Bihar State Electricity Board, Patna
6. Electricity Supply Engineer, Electric Supply Sub-Division,
Mohania, Rohtas
7. Certificate Officer-cum-S.D.O., Sub-Divisional Office,
Mohania at Collectoriate Road, Mohania (Kaimur)
... Respondents
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03/ 25.08.2011 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This writ petition has been filed by the petitioner
challenging the entire proceeding of Certificate Case No. 01 of
2004-2005 initiated by the Certificate Officer, Mohania ( Kaimur)
against the petitioner with respect to Rs.7,16,850.00 and for other
ancillary reliefs.
3. It transpires that notice dated 15.03.2003 (Annexure
3) was issued by the said Certificate Officer under section 7 of the
Bihar & Orissa Public Demand Recovery Act, 1914 (hereinafter
referred to as `the Act’ for the sake of brevity ) and after two and a
2
half years the instant writ petition has been filed by the petitioner on
26.09.2005.
4. Although in the said notice it has been specifically
stated that if no such amount is paid, warrant of arrest shall be issued
against the petitioner, but it transpires that neither any warrant of
arrest has been issued against the petitioner nor has the petitioner
filed any objection to the said notice as per the provision of section 9
of the Act.
5. In the aforesaid facts and circumstances of the case,
no relief can be granted to the petitioner and, accordingly, this writ
petition is disposed of with liberty to the petitioner to approach the
concerned authority for redressal of his grievance if the aforesaid
certificate case is still pending. The authority concerned shall decide
the matter in accordance with law expeditiously.
MPS/ ( S. N. Hussain, J.)