Uday Narayan Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.10607 of 2015 dt.30-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10607 of 2015 =========================================================== Uday Narayan Singh S/o Late Surendra Prasad Singh Resident of Mohalla Maryada Bhawan, Kharmanchak, P.S. Kotwali (Adampur), District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Secretary of Urban Development, Govt. of Bihar, New Secretariat, Patna.

3. The Secretary, Bihar State Power Holding Company (Formerly known as Bihar State Electricity Board), Vidyut Bhawan, Bailley Road, Patna.

4. The Electrical Executive Engineer, Bihar State Power Holding Company, Urban Supply Circle, Mojahidpur, Bhagalpur.

5. The Assistant Electrical Engineer, Bihar State Power Holding Company, Urban Supply Circle, Mojahidpur, Bhagalpur.

6. Sanjeev Kumar, the Certificate Officer, Bhagalpur.

7. The Inspector General of Police, Patna.

8. The Deputy Inspector General of Police, Bhagalpur.

9. The Senior Superintendent of Police, Bhagalpur.

10. The Officer-in-Charge, Adampur Police Station, Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Ms. Sushmita Mishra Mr. Surya Narain Sah, Advocates For the SBPDCL : Mr.Vinay Kirti Singh, Sr. Adv Mr. Vijay Kumar Verma, Mr. Akhileshwar Singh, Advocates For the State : Ms. Nutan Kumari Sharma, AC to GA1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-08-2018 The present writ petition has been filed for a direction to the respondents to recall the letter No. 398 dated 09.10.2014 issued under the signature of the respodent-Certificate Officer, Bhagalpur; and for quashing the warrant issued against the petitioner in connection with Certificate Case No. 49/2000-01.

Patna High Court CWJC No.10607 of 2015 dt.30-08-2018

2. Learned counsel for the petitioner submits that without going into the detailed merits of the matter, it will suffice if the respondent-Certificate Officer is directed to dispose of the representation of the petitioner filed before him despatched by speed post on 09.07.2015 (Annexure-2).

3. Learned counsel for the respondent power company appears and has been heard.

4. Having regard to the nature of the grievance and the stand of the petitioner, this Court is of the view that the ends of justice will be met if the Certificate Officer, Bhagalpur (Respondent no. 6) is directed to consider and dispose of the petitioner's aforesaid representation (Annexure-2) on its own merits in accordance with law.

5. It is made clear that the Certificate Officer shall refrain from taking coercive steps for recovery of the dues against the petitioner until disposal of the said representation.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 07.09.2018 Transmission Date NA