M/S Singhania Roller Flour Mills v. The State Of Bihar And ORS

Patna High Court CWJC No.7176 of 2015 (5) dt.03-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7176 of 2015 ====================================================== M/s Singhania Roller Flour Mills, through its M.D./Proprietor Arun Kumar Singhania S/o Late Bishwanath Singhania, resident of Station Road, Bhagalpur, P.S. Kotwali, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Energy Department, New Secretariat Bailey Road, Patna.

2. The Bihar State Power Holding Company Limited through its Chief Managing Director, Vidyut Bhawan, Patna.

3. Managing Director, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Patna.

4. The Certificate Officer of the District, Bhagalpur.

5. General Manager-cum-Chief Engineer, South Bihar Power Distribution Company Limited, Bhagalpur.

6. Executive Engineer, Urban, South Bihar Power Distribution Company Limited, Bhagalpur.

7. Electrical Superintending Engineer, South Bihar Power Distribution Company Limited, Mayaganj, Bhagalpur.

8. Assistant Electrical Engineer, South Bihar Power Distribution Company Limited, P.O. Sabour, District Bhagalpur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv. For the Respondent/s : Mr. Ajay, GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-08-2015 Heard learned counsel for the petitioner and the State.

2. The present writ petition has been filed on behalf of the petitioner for setting aside the order dated 02.12.2014 passed in connection with Certificate Case No. 13/05-06 by which the Certificate Officer without disposing of the objections raised by the petitioner under Section 9 of the P.D.R. Act, passed an

Patna High Court CWJC No.7176 of 2015 (5) dt.03-08-2015 order for B/W against the petitioner in order to recover the certificate demand without assigning cogent reasons and also without deciding/disposing the objection filed by the petitioner under Section 9 of the P.D.R. Act.

3. A counter affidavit has been filed on behalf of the Respondent No. 4, the District Magistrate, Bhagalpur which discloses that the warrant of arrest against the petitioner has since been withdrawn by the District Certificate Officer by his letter dated 13.06.2015.

4. With consent of the parties, the present writ petition is, therefore, disposed of with liberty to the petitioner to approach the authorities with regard to disposal of his objection under Section 9 of the P.D.R. Act said to be still pending. (Vikash Jain, J) Md. Ibrarul/- U