Mehdi Hasan v. The Bihar State Electricity Board And ORS.

Patna High Court CWJC No.14264 of 2013 dt.27-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14264 of 2013 =========================================================== Mehdi Hasan son of Md. Alijan, President of Proprietor M/S H.A. Brothers at C/D Pustak Bhandar, at corner of Shyam Nandan Road, Motijheel, Police Station Town, District Muzaffarpur .... .... Petitioner

Versus

1. The Bihar State Electricity Board through the Executive Engineer (Urban), Electricity Supply Division, Maripur, Muzaffarpur

2. The Certificate Officer Muzaffarpur , Police Station Muzaffarpur, District Muzaffarpur .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the Respondents : Mr. Vinay Kirti Singh, Sr. Advocate. Mr. Vijay Kumar Verma Mr. Akhileshwar Singh, Advocates.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-08-2018 The present writ petition has been filed for quashing the entire proceeding of the Certificate Case No. 344/11-12 filed by the respondent no. 1 before the respondent no. 2 whereby and whereunder even B/W has been issued against the petitioner.

2. None appears on behalf of the petitioner despite repeated calls.

3. A perusal of the averments in the writ petition discloses that the challenge to the recovery proceeding is on the ground that the matter was sub-judice before the State Commission, Bihar, Patna in Appeal No. 587 of 2001 filed by the respondent no. 1.

Patna High Court CWJC No.14264 of 2013 dt.27-08-2018 Pending the appeal however bailable warrant was issued against the petitioner in the certificate proceeding.

4. Learned counsel for the respondents appears and refers to Annexure-A to the supplementary counter affidavit according to which the aforesaid Appeal No. 587 of 2001 has been disposed of by order dated 22.05.2014 during pendency of the writ petition. The said appeal filed by the respondent no. 1 has been allowed. It is therefore submitted that the petitioner is liable to pay the outstanding dues.

5. Having regard to the aforesaid stand in the supplementary counter affidavit to the effect that the appeal in question has now been disposed of by the State Commission, the main contention of the petitioner no longer survives. As such, this Court is not inclined to interfere in the matter. The writ petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 01.09.2018 Transmission Date N.A.