Dinesh B Parikh Vs Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director

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W.P. (C) No.1624 of 2018

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1624 of 2018

Dinesh B. Parikh, aged about 75 years, son of late Bhagwanji V. Parikh, resident of “Gokul”, 9, Park Road, Bistupur, Jamshedpur, P.O. & P.S.- Bistupur, Dist.- Singhbhum (East) (Jharkhand)

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.... Petitioner

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Versus

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Jharkhand Urja Vikas Nigam Limited (formerly known as Jharkhand Electricity Board) through its Chairman-cumManaging Director, Engineering Building, HEC, P.O. & P.S.Dhurwa, Dist.- Ranchi

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Certificate Officer, Electric Revenue, Seraikella, Kharsawan

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Electrical Executive Engineer (C&R), Electric Circle, Jharkhand Bijli Vitran Nigam Ltd., Jamshedpur, P.O. & P.S.- Jamshedpur, Dist.- East Singhbhum

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Jharkhand Bijli Vitran Nigam Ltd. through its Managing Director, HEC Township, P.O. & P.S.- Dhurwa, Ranchi

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…. Respondents

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Navniti Pd. Singh, Sr. Advocate : Mr. Pandey Neeraj Rai, Advocate : Mr. Rohit Ranjan Sinha, Advocate : Mr. Akchansh Kishore, Advocate : Mr. Saurabh Sagar, Advocate : Mr. Rishav Raj, Advocate For the Respondents : Mr. Rajiv Ranjan, Sr. Advocate : Mr. Manoj Kumar, GA-III : Mr. Shray Mishra, AC to GA-III

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By the Court:-

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Heard the parties.

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This is the third journey of the writ petitioner in connection with Certificate Case No. 1 (Vidyut)/1999-2000.

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W.P. (C) No.1624 of 2018

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Earlier, the petitioner filed C.W.J.C. No. 3442 of 2000 (R) with a prayer for quashing the entire certificate proceeding initiated as against the petitioner in connection with the said certificate case and the same was disposed of by a coordinate Bench of this Court on 12.05.2009 by observing inter alia that if the proceeding of the said certificate case has been completed and orders are passed, the petitioners have the remedy of statutory appeal which can be invoked by them and in case of culmination of the said certificate proceeding, this writ petition itself is rendered as infructuous.

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Thereafter, the petitioner filed W.P. (C) No.5033 of 2014 against the notice issued to the petitioner by the certificate officer in the said Certificate Case No. 1 (Vidyut)/1999-2000 as it was submitted before the coordinate Bench that in compliance of the said notice, the petitioner has filed show cause objection under Section 9 of Public Demand Recovery Act but the same is pending since 30.03.2012. The coordinate Bench directed the certificate officer to dispose of the objection of the writ petitioner after giving hearing to both the parties, by a speaking order, within six weeks from the date of production of the said order by the petitioner.

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The writ petitioner preferred L.P.A. No.158 of 2016 against the said order dated 19.02.2016 passed in W.P. (C) No.5033 of 2014 which was dismissed vide order dated 19.07.2016 and after the same, the writ petitioner filed an application under Section 11 of Bihar and Orissa Public Demands Recovery Act, 1914, before the said certificate Officer, dated 15.10.2016 with a prayer to amend the certificate in exercise of the powers conferred under Section 11

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3 W.P. (C) No.1624 of 2018

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of Bihar and Orissa Public Demands Recovery Act, 1914 and also to delete/omit the name of the writ petitioner from the array of certificate- debtors.

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It is submitted by the learned senior counsel for the petitioner that the said petition is still pending and no order has been passed and this writ petition has been filed with a prayer to issue appropriate writ(s)/order(s)/direction(s) commanding upon the respondent-Certificate Officer to pass final order upon the petition dated 15.10.2016 filed under Section 11 of Bihar and Orissa Public Demands Recovery Act, 1914; which is Annexure-4 to this writ petition.

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Learned Advocate General submits that the certificate officer concerned has not even disposed of Section 9 objection even though the coordinate Bench of this Court has passed an order to dispose of the same within six weeks; from the date of the order passed in the writ petition; since long.

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Considering the aforesaid facts, the Respondent No.2- Certificate Officer is directed to dispose of the petition dated 15.10.2016, the copy of which is Annexure-4 to this writ petition within three months from the date of receipt/production of the order of this Court before it.

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This writ petition is disposed of accordingly.

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(Anil Kumar Choudhary, J.)

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High Court of Jharkhand, Ranchi Dated the 10^th January, 2024 AFR/Sonu-Gunjan/-

Dinesh B Parikh v. Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director

Case brief

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Dinesh B Parikh v. Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director

Case brief

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