Patna High CourtCWJC/10572/2013disposed

Sumit Kumar And ORS v. The State Of Bihar And ORS

2017-10-09Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10572 of 2013 ======================================================

1. Sumit Kumar

2. Amit Kumar

3. Ranjeet Kumar All are sons of Late Kapildeo Prasad, R/O Village- Mahnar Patel Chauck, P.O. and P.S.- Mahnar, District- Vaishali (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar Electricity Board, Patna

2. The Secretary, Bihar Electricity Board, Patna

3. The Chairman, Electricity Board, Patna

4. The Electrical Executive Engineer, Electric Supply Division, Hazipur, Vaishali

5. The Certificate Officer, Hajipur, Vaishali .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Chandra Kant, Advocate Mr. Subhash Patel, Advocate For Respondent-NBPDCL : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioners and Mr. Vinay Kirti Singh, learned Senior Counsel appearing for the North Bihar Power Distribution Company Ltd.

The petitioners seek to quash the entire certificate proceedings pending in the court of the Certificate Officer, Vaishali at Hajipur, whereby and whereunder the certificate case, bearing No.28 of 2007-08, has been filed against the petitioners in which they have been duly noticed.

It is submitted that the order of warrant of arrest was

Patna High Court CWJC No.10572 of 2013 (7) dt.09-10-2017 2/2 also issued against the petitioners, which necessitated them to move this Court.

Having heard learned counsel for the parties, it appears that the best remedy available to the petitioners would be, at this stage, to approach the Certificate Officer with their objections, which will be determined, in accordance with law. The said objections should be filed within a period of four weeks from the date of receipt/production of a copy of this order. It is made clear that the Certificate Officer shall take necessary steps for considering their objections before passing any final order.

With the aforementioned observations and directions, the writ application stands disposed of.

(Anjana Mishra, J) PNM U