Neeraj Kumar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13615 of 2018 ====================================================== Neeraj Kumar Sharma Son of Bijendra Sharma Resident of 193, 7 Forest Road Chandmari, P.S. Darjeeling Sadar District Darjeeling, West Bengal. ... ... Petitioner/s

Versus

1.

The State Of Bihar through District Magistrate, Vaishali at Hazipur 2.

The District Certificate Officer, Vaishali at Hazipur. 3.

The Secretary In-Charge, North Bihar Power Distribution Company Ltd. Third Floor, Vidyut Bhawan, Pa 4.

The Executive Engineer, Bihar Electric Supply Division, Vaishali at Hazipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms Anand Kishore Choudhary, Ramendra Kumar Bharti, Advocates For the Respondent/s :

Mr. Gyan Prakash Ojha- GA 7 Mr. Yogendra Pd. Sinha, AAG 7 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 17-07-2025

1. The petitioner has filed the Writ petition for the following reliefs:

"(i) The Certificate proceeding initiated against the father of the petitioner in Certificate Case No.

7 of 2016-17 in the Court of District Certificate Officer, Vaishali be quashed.

(ii) During the pendency of the present application the further proceedings including the execution of processes for the realisation of the dues be order to be stayed.

2/4 (iii) And any such other relief/reliefs for which the petitioner is entitled in the eye of law."

2. It is submitted in the writ petition that the father of the petitioner had obtained an electricity connection bearing Consumer No. H5671/D/S approximately 30 years ago, when he was residing at Hathasarganj, P.O. & P.S. Hazipur, District Vaishali. It is further submitted that the entire family got shifted to the State of Assam, and no electricity has been consumed at the said premises at Hathasarganj, which has remained closed for a long time. Despite this, the Electrical Executive Engineer, Electric Supply Division, Hazipur, issued a requisition letter dated 30.10.2015 to the District Certificate Officer, Vaishali, seeking realization of alleged outstanding electricity dues amounting to Rs. 5,81,910/- against the father of the petitioner.

3. The Learned counsel for the petitioner contended that the petitioner has filed objections under Section 9 of the Bihar and Orissa Public

3/4 Demands Recovery Act, 1914 before the Certificate Officer which is still pending. Further it is contended that the respondents have proceeded with the recovery proceedings without passing a final order under Section 10 of the Act.

4. The Learned counsel for the respondents reported that he has no objection, if a direction is issued to Respondent No. 2 to pass necessary orders, under Section 10 of the Act, duly considering the objections filed by the petitioner.

5. Having regard to the above submissions made and without going into the merits or demerits of the case, the present writ petition is disposed of directing Respondent No. 2 to pass an appropriate orders under Section 10 of the Act within a period of two months from the date of receipt of copy of this order.

6. It is needless to mention that before passing any order, the authority concerned shall give an opportunity of hearing to the petitioner. Any order so passed shall be communicated to the petitioner. Further, the petitioner is also directed to

4/4 appear before the Certificate Officer for proper adjudication of the case.

7. Till the passing of the final order by the Certificate Officer, it is directed that no coercive steps shall be taken against the petitioners herein.

8. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.07.2025 Transmission Date